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2012/05/14 J. DeArmond Design Marketing services PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT for Professional Services ("Agreement") is made this day of May, 2012 ("Effective Date") by and between the CITY OF MENIFEE ("City") and J. DeArmond Design, ("Consultant") (together sometimes referred to the "Parties"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work, (Exhibit A) and incorporated herein. Consultant will perform subsequent Task Orders as requested by the Contract Administrator, in accordance with the Scope of Work. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end upon completion of all tasks set forth in Exhibit B, and payment therefor, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shalt devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 2. COMPENSATION. City hereby agrees to pay Consultant not more than the total sum of Six Thousand Four Hundred Thirty-Six Dollars ($6,436) payable by task as described in Exhibits A and B. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices upon completion of each task or tasks to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. Professional Services Agreement with J.DeArmond Design 2012jwf2_rev clean Consultant shall not begin work over the Contract Amount indicated in this Agreement without first obtaining a contract amendment. Work performed without prior authorization via an approved contract amendment will not be eligible for payment or reimbursement. • Invoices. Upon completion of each task or tasks in the Scope of Work, Consultant shall submit itemized invoices for tasks set forth in Exhibit B based upon each element contained therein. 2.1 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice. 2.2 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of the contract. 2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.4 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and°expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between the City and other Insureds. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not 2 less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and authorized volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the work contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 All Policies Requirements. 4.3.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California. 4.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status, complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road, Menifee, CA 92586. The City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Consultant. 4.3.3 Notice of Reduction in or Cancellation of Coverage A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled or materially changed by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified, mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.3.4 Deductibles and Self-insured Retentions Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.3.5 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.3.6 Variation. Contract Administrator may approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: 4 • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION. a) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. b) The provisions of this section do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 5 Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within the City of Menifeg- or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant shall requie the same of all subcontractors 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 6 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of-the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements 7 charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of, the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to tf}e examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jason DeArmond. 10.7 City Contract Administration. This Agreement shall be administered by a City Employee, Jeff Wyman ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.8 Notices. Any written notice to Consultant shall be sent to: Jason DeArmond DeArmond Creative 43040 Noble Ct., Temecula, CA 92592 '4Z 8 to: Any written notice to City shall be sent to the Contract Administrator with a copy City Clerk City of Menifee 29714 Haun Road Menifee, CA 92586 10.9 Deleted. 10.10 Integration. This Agreement, including the scope of work and fee schedule attached hereto and incorporated herein as Exhibit A and Exhibit B respective , represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF MENIFEE CONSULTANT: Jason DeArmond Design William A. Rawlings, City Manager Attest: jt��Rtv— Kathy Bennett, City Clerk Appro s to Form: Jo e , ity Attorney to: Any written notice to City shall be sent to the Contract Administrator with a copy City Clerk City of Menifee 29714 Haun Road Menifee, CA 92586 10.9 Deleted. 10.10 Integration. This Agreement, including the scope of work and fee schedule attached hereto and incorporated herein as Exhibit A and Exhibit B respectively, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF MENIFEE CONSULTANT: Jason DeArmond Design William A. Rawlings, City Manager Dom. o� Attest: Kathy Bennett, City Clerk Approved as to Form: Joseph W. Fletcher, City Attorney 9 to: Any written notice to City shall be sent to the Contract Administrator with a copy City Clerk City of Menifee 29714 Haun Road Menifee, CA 92586 10.9 Deleted. 10.10 Integration, This Agreement, including the scope of work and fee schedule attached hereto and incorporated herein as Exhibit A and Exhibit B respectively, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF MENIFEE CONSULTANT: Jason DeArmond Design William A. Rawlings, City Manager Attest: Kathy Bennett, City Clerk Approved as to Form: Joseph W. Fletcher, City Attorney 9 EXHIBIT A SCOPE OF WORK Design, coordination, printing and delivery of a new marketing folder and brochure for the City of Menifee. Consultant to include: 1) Completion of Design of New Business Kit ➢ Design of double sided 8.5 x 11 pages/ inserts ➢ Photography ➢ Copywriting - Creation and editing of content for internal pages ➢ Design of Maps 2) Print Collateral (500 Folders) ➢ 4 Color Process 2 Sides (9 x 12 with 4: Glued Pockets) ➢ Folder Inserts (6 sheets each folder) o 1001b Gloss Book with Aqueous Coating 3) Brochure (1,000) ➢ Design for 9 x 16 Tri-fold brochure ➢ Print Collateral —9 x 16 Tri-fold brochure on 951b Semi-Gloss Cover Stock 10 EXHIBIT B FEE SCHEDULE Item Cost 1) Completion of Design of New Business Kit ➢ Design of double sided 85 x 11 pages/inserts $ 649.94 ➢ Photography 350.00 ➢ Copywriting - Creation and editing of content for internal pages 600.00 ➢ Design of Maps 780.00 Sub-Total $2,379.94 2) Print Collateral (500 Folders) ➢ 4 Color Process 2 Sides (9 x 12 with 4: Glued Pockets) $1,244.50 ➢ Folder Inserts (6 sheets each folder) o 1001b Gloss Book with Aqueous Coating 715.20 Sub-Total $1,959.70 3) Brochure (1,000) ➢ Design for 9 x 16 Tri-fold brochure $ 375.00 ➢ Print Collateral—9 x 16 Tri-fold brochure on 951b Semi-Gloss Cover Stock 528.52 Sub-Total $ 903.52 4) Supplementary Design Work (as needed and and directed by City). $1,000.00 Sales Tax 192.84 Total All $6,436.00 11 ACOI 0® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDmrY) 5/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT ASHLEY GRIFFITH Danmar Insurance Services Inc. PHONE . (951)506-6316 1 FAX ,(951)506-6326 License # OD36873 E-MAIL ASuT.FY@DANMARINSURANCE.NET 43180 BUSINESS PARK DR#203 INSURERS AFFORDING COVERAGE NAIC N INSSUREDURED IN T CA 92590 SURERA:Amco Insurance Cc 19100 INSURER B Jason De Armond, DBA: J. Dearmond pesign INSURER C: 27537 Commerce Center Dr. 210 INSURER D: INSURER E: Temecula CA 92592 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1251101379 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUB LTR TYPE OF INSURANCE vrvn POLICY NUMBER POLICY EFF POLI D EXP YYVI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISESEa occurrence) $ 300,000 A CLAIMS-MADE OCCUR X P7805651405 /11/2012 /11/2013 MED EXP(Any oneperson) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.,000,000 GEN'L AGGREGATE LIMIT APPLIES PER.. PRODUCTS-COMP/OPAGG $ 2,000,000 X7 POLICY PRO LOC $ AUTOMOBILE LIABILITY To SINGLE LIMIT ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ e c en Is UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HEXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY R LIMITS ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in under E.L.DISEASE-EA EMPLOYE If yes,describe a uer $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ f DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) ***CERTIFICATE HOLDER IS NAND AS ADDITIONAL INSURED*** q ) ***POLICY IS CONTINUOUS UNTIL CANCELLED*** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MENIFEE ACCORDANCE WITH THE POLICY PROVISIONS. 29714 HAUN RD MENIFEE, CA 92586 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ©1988-2010 ACORD CORP RATION. All rights reserved. INS026(201005).Ot The ACORD name and logo are registered marks of ACORD I I Adbk TRAVELERS ) AUTOMOBILE POLICY CONTINUATION DECLARATIONS 1. Named Insured Your Agency's Name and Address JASON & AMBER DEARMOND DANMAR INS SVCS 43040 NOBLE CT P O BOX 7787 TEMECULA CA 925924385 RIVERSIDE CA 92513 Your Policy Number : 931227563 101 2 For Policy Service Call 951-509-0509 Your Account Number: B00604771 For Claim Service Call 1-800-CLAIM33 2. Your Total Premium for the Policy Period is $1,160.00. The policy period is from March 18,2012, 12:01 a.m. to September 18,2012. 3. Your Vehicles Identification Numbers 1 2005 NISSA ALTIMA BAS 1N4AL11DX5C306170 2 2006 DODGE CARAVAN SE 1D4GP25B16B712484 4. Coverages, Limits of Liability and Premiums Insurance is provided only where a premium is shown for the coverage. 1 2 05 NISSA 06 DODGE ALTIMA BAS CARAVAN SE A - Bodily Injury $100,000 each person $ 385 $ 170 $300,000 each accident B - Property Damage $100,000 each accident Incl* Incl* D1 - Uninsured/Underinsured Motorists Bodily Injury $100,000 each person 102 52 $300,000 each accident See Endorsement A04044 E - Collision Actual Cash Value less 233 76 $500 deductible F - Comprehensive (Other than Collision) Actual Cash Value less 56 23 $500 deductible I - Towing and Labor Costs $75 per disablement 4 3 G - Extended Transportation Expense $30 per day/$900 maximum 25 18 Continued on next page Page 1 of 4 P1.77A9 A.Ad 476/0XL061 000206/00030 F311SC70 7560 02/21/12 IMPORTANT NOTICE INSURER AND INSURANCE DEPARTMENT CONSUMER AFFAIRS COMMUNICATION Because of the complicated nature of the insurance business, there may be times when you will have questions regarding your policy. If you are concerned about coverages, premium charged or the non-renewal of your policy, we urge you to contact your Travelers representative to answer your question or resolve your problem. However, if you are unable to receive a satisfactory answer or resolution to your problem; please contact us directly. THE STANDARD FIRE INSURANCE COMPANY CONSUMER AFFAIRS. 5MS I TOWER SQUARE HARTFORD, CT 06183 TELEPHONE NUMBER: 1-860-954-2382 If you are still not satisfied, you may contact the California Insurance Department at: CALIFORNIA DEPARTMENT OF INSURANCE 300 SOUTH SPRING STREET LOS ANGELES, CA 90013 TOLL-FREE NUMBER: 1-800-927-HELP (California Only) PL-8874 01-08 Page 1 of 1 000205/00030 F3116070 7560 02/21/12 TRAVELERSJ Named Insured: JASON & AMBER DEARMOND Policy Number: 931227563 101 2 Policy Period: March 18, 2012, 12:01 a.m. to September 18, 2012. Issued On: February 21, 2012 5. Information Used to Rate Your Policy (continued) Vehicles Use of Location Vehicle of Vehicle 05 NISSA ALTIMA BAS Work TEMECULA CA 925924385 06 DODGE CARAVAN SE Pleasure TEMECULA CA 925924385 Estimated Customized Annual Mileage Cost 16,000 0 12,000 000000 Please send us your estimated mileage information. If you do not submit this information, we will use the mileage figure noted above. It is im ortant that the above information is correct to ensure that your policy is properly rated. If there are errors or changes to this information, please notify your Travelers representative immediately. 6. Other Information Loss Payees 05 NISSA ALTIMA BAS MISSION FEDERAL CREDIT UNION VIN # 1N4AL11DX5C306170 PO BOX 910501 SAN DIEGO,CA 92191 Additional Insured 05 NISSA ALTIMA BAS MISSION FEDERAL CREDIT U VIN # 1N4AL11DX5C306170 PO BOX 910501 SAN DIEGO CA 92191 Your Insurer The Standard Fire Insurance Company One Tower Square, Hartford, CT 06183 Policy Endorsements A04094 Amendment of Policy Provisions - CALIFORNIA A04044 Uninsured Motorists Coverage - CALIFORNIA A04010 Additional Insured Endorsement - CALIFORNIA A00260 Racing Exclusion A00391 Personal Auto Policy Coverage Enhancement Endorsement Policy Edition 6C Policy Form 101 Issued on 02/21/12 Continued on next page Page 3 of 4 PL-7762 5-94 476/0XL051 000207/00030 F3116C70 7560 02/21/12 IMPORTANT NOTICE AUTO BODY REPAIR CONSUMER BILL OF RIGHTS A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY MAY NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS,A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING SERVICES. UNLESS THE INSURANCE COMPANY HAS PROVIDED AN INSURED WITH THE NAME OF A SPECIFIC TOWING COM- PANY PRIOR TO THE INSUREWS USE OF ANOTHER TOWING COMPANY, THE INSURANCE COMPANY MUST PAY ALL REASONABLE TOWING CHARGES OF THE TOWING COMPANY USED BY THE INSURED. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY,FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints-concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free(800) 952-5210 California Department of Consumer Affairs Bureau of Automotive Repair 10240 Systems Parkway Sacramento, CA 95827 The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-HELP or(213)897-8921 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov PL-10576 06-01 Page I of 1 000208/00030 F3116070 7580 02/21/12 DISCOUNTS AVAILABLE TO YOU Several discounts may be available to you. Usually certain requirements must apply to receive these discounts. Be- low is a brief description of each available discount. If you feel you qualify for any of these discounts and your Declarations does not show you are receiving them; contact your Travelers representative. GOOD DRIVER DISCOUNT If a driver qualifies as a Good Driver, as defined by California law, then a discount will be applied to the car and coverages that the qualifying driver is'assigned to. Essentially, a Good Driver is a driver who has been licensed for at least 3 previous years and has not had a major conviction or accident involving bodily injury or death or more than one minor conviction or accident involving only damage to property within the last 3 years. ANTI-THEFT DISCOUNT If your car is equipped with a Travelers approved anti-theft device, you will receive a discount on your comprehen- sive coverage. MATURE DRIVER IMPROVEMENT DISCOUNT If any principal operator of a car insured on your policy is 55 years of age or older and can certify that they have successfully completed a Mature Driver Improvement Course approved by the California Department of Motor Vehicles, then a discount may be applied. The discount will be applied to the premiums for Bodily Injury and Prop- erty Damage Liability, Medical Payments Coverage, and if purchased, Comprehensive and Collision coverages for the car the qualifying driver operates most. MULTI-CAR DISCOUNT Insuring more than one car on a policy. If your policy insures more than one car, then we will automatically reduce your premiums for Bodily In'ury and Property Damage Liability, Medical Payments Coverage, Comprehensive and Collision coverages. GOOD STUDENT DISCOUNT If a driver has under 9 years driving experience, is afull time high school or college or university student, is unmar- ried and maintains good grades or is in the upper 20%of his/her class, then we will automatically reduce your pre- miums upon receiving the required written verification. This reduction will be applied to all coverages for the car that driver drives most. INEXPERIENCED DRIVER SAFETY EDUCATION DISCOUNT If any inexperienced driver has successfully completed a driver education course meeting certain standards and conducted by instructors certified by the California Department of Education, then we will automatically reduce your premiums. This reduction will be applied to all the coverages for the car that driver drives most. ACCOUNT DISCOUNT If you insure your car(s) and your property with any Travelers company then we will apply a discount to the auto policy. The discount will be applied to all coverages for all cars insured on the policy. PL-9546 Rev.05-11 Page 1 of 2 000209/00030 F3118C70 7580 02/21/12 1 IMPORTANT NOTICE ABOUT BILLING OPTIONS AND DISCLOSURES This notice contains important information about our billing options and fees. You have chosen to pay your insurance premium in monthly installments by Electronic Funds Transfer (EFT) . Please note that a service charge of $1.00 will apply per installment. In the event that your payment is returned by your bank, it may result in the automatic conversion of your Electronic Funds Transfer (EFT) account to Bill by Mail. If your billing needs change_, we offer several ways to pay your premium: Bill Plan Monthly Lumv Sum Electronic Funds Transfer (EFT) $ 1.00 No Charge Recurring Credit Card (RCC) $ 1.00 No Charge Bill by Mail $ 6.00 No Charge Late Charge: $20.00 per occurrence Payments returned by your bank: $25.00 per occurrence In the event two payments are returned during a 12 month period you will be required to pay with guaranteed funds for 182 days from the date of the last returned payment. Guaranteed funds are credit card, bank check, money order or home banking payments. Other forms of payment will be returned. You will not be eligible to use our Electronic Funds Transfer (EFT) or Recurring Credit Card (RCC) payment plans. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If you have multiple policies with us you may be able to combine those policies into a single billing account. If you have selected one of our monthly billing options, and you combine your policies into a single billing account, you will be charged just one service charge per installment, and not per individual account. To add this policy to an existing billing account or if you have other questions about this notice, please call your insurance representative at 951-509-0509. P L-14216 12-11 000210/00030 F3116C70 7560 02/21/12 Qq Ar% D CREATIVE 43040 Noble Ct. Temecula, CA 92592 951-254-3846 May 11, 2012 DeArmond Creative does not have any emprloyees, therefore does not carry Workers Compensation Insurance. Jason DeArmond Owner