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HomeMy WebLinkAboutPartners for a Safer America dba Jail Advertising Network - 2012-04-16 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARTNERS FOR A SAFER AMERICA FOR LAW-RELATED AND INFORMATIONAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and PARTNERS FOR A SAFER AMERICA, a non-profit corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated April 16, 2012, entitled"Service Agreement Between the City of Huntington Beach and Partners for a Safer America for Law-Related and Informational Services," which agreement shall hereinafter be referred to as the "Original Agreement"; and CITY and CONTRACT wish to amend the Original Agreement to reflect the additional work to be performed by CONTRACTOR and extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional services as required by CITY. 2. EXTENSION OF TERM CITY and CONTRACTOR agree to extend the term of the Agreement for two additional years from April 16, 2015 to April 16, 2017. 15-4653/118713 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. This Agreement shall be effective on April 16, 2015 and shall expire when terminated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. PARTNERS FOR A SAFER AMERICA, CITY OF HUNTINGTON BEACH, a non-profit corporation a California municipal corporation By , Chief of Police Name (type or print) Its (circle one)Chairm resident ice President APPROVED FORM: AND �s6 By: 1�a City Attorney Ci v-­� v 11'-"�! Name Cy 40 VQ INITIATED AND APPROVED: (type or print) Its(circle on Secretary/A)sistant Secretary/Chieffinancial Officer sistant Treasurer Chief of Polic 15-4653/118713 2 SERVICE AGREEMENT BETWEEN THE CITY OF HIJNTINGTON BEACH AND PARTNERS FOR A SAFER AMERICA FOR LAW-RELATED AND INFORMATIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Partners for a Safer America, a non-profit corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of law-related and informational services for inmates housed on jail premises. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 12-3185.001/78600 1 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Proj ect." Contractor hereby designates Patricia A. Garske, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation In consideration of the performance of the services described herein, CONSULTANT agrees to pay CITY as follows: A. As compensation for allowing CONSULTANT to install law-related and information services boards on the premises of the Huntington Beach Jail, the City shall receive seventy percent (70%) of gross revenues earned annually for the first year; seventy-five percent (75%) for the second year; and eighty percent(80%) for every consecutive year thereafter,with a minimum of one thousand dollars ($1,000) annually. The compensation received is to help offset the cost of providing services for inmates housed on the premises of the City Jail. B. CONSULTANT shall make a complete and accurate accounting of the gross revenue provided by the service boards and shall deliver the accounting and City's first payment no later than June 1, 2012. C. The first payment shall be equal to the City's share of six (6) months revenue generated by CONSULTANT. CONSULTANT shall then deliver payments every six months through the duration of the Agreement. CONSULTANT shall deliver CITY's check within seven(7) days from official notification by a member of the City Police Department 12-3185.001/78600 2 Correctional Staff of the timely installation on or before the contract replacement dates reflected in this Agreement. D. As used in this paragraph,the term"gross revenue" shall mean the total amount of the advertising, charges or other advertising compensation owed to CONSULTANT from persons, and/or agencies placing their names, addresses and/or telephone numbers on advertisements placed on CONSULTANT's service boards, without regard, and not to include, any amounts for bad debt, late payments, non-payment, etc., associated without amount owed to CONSULTANT. E. CONSULTANT shall mail payments to CITY at the following address: City of Huntington Beach Police Department Attn: Detention Administrator 2000 Main Street Huntington Beach, CA 92648 F. CONSULTANT shall maintain financial records adequate to show that City funds paid or received under this Agreement were used for purposes consistent with the terms of the Agreement. These records shall be maintained during the term of this Agreement and for a period of three (3) years from termination of this Agreement or until all claims, if any, have been resolved, whichever period is longer. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from the commencement date, unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than sixty (60) working days from the Commencement Date. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This 12-3185.001/78600 3 schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Service Boards and Encasements Upon expiration or termination of this Agreement, City will remove the service boards and encasements, and return them to Contractor at 8810 W. River Beach Lane, Boise, Idaho 83714, unless the parties agree otherwise. 7. Indemnification and Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole 12-3185.001/78600 4 cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. S. General Liability Insurance Contractor shall obtain and furnish to City, a policy of general public liability insurance. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 9. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 12-3185.00in8600 5 a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 10. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 12-3185.001/78600 6 11. Conflict of Interest Contractor 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. 12. Termination This Agreement may be terminated by either parry, with or without cause, upon thirty (30) days written notice of termination. Any termination of this Agreement by either parry shall be made in writing, notice of which shall be delivered to the party as provided herein. 13. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor or the City. Each parry 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 parry,which are not embodied herein. 14. Assienment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior 12-3185.001/78600 7 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. 15. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Partners for a Safer America Attn: Detention Administrator Attn: Patricia A. Garske, Executive Director 2000 Main Street 8810 W. River Beach Lane Huntington Beach, CA 92648 Boise, Idaho 83714 17. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 12-3185.001/78600 8 18. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this 12-3185.001/78600 9 Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 24. Discrimination Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12-3185.001/78600 10 25. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any 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. 26. Professional Licenses Contractor 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 Huntington Beach and all other governmental agencies. Contractor 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. 27. Attorney's Pees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 12-3185.001/78600 11 28. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 29. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 30. Signatories 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 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. 31. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 12-3185.001/78600 12 32. Effective Date This Agreement shall be effective on � , 2012 and shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. PARTNERS FOR A SAFER AMERICA CITY OF HUNTINGTON BEACH, a �. municipal corporation of the State of California Police Chief ,.� `j 2— print name ITS: (circle one) Cha' an/Preside n ice President AP OVED AS TO FORM: AND By: Ci Attorney ckkt eAI ee print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer 12-3185.001/78600 13 EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT's Service Boards and Scope of Work l. No later than May 27, 2012, CONSULTANT shall deliver six bail bond service boards with minimum dimensions of 18" x 30" in size. Signboards shall come complete with frames, lexan plastic covers, hardware, and printed ad board, or nine static window cling, clear plastic,printed sheet signs, ready for installation,to the Huntington Beach Police Department Jail, located at 2000 Main Street, Huntington Beach, CA 92648. 2. CONSULTANT's service boards shall exclusively provide law-related information and referral services for individuals on the premises being processed through the criminal justice system and inmates residing on the premises. The law-related information and referral services shall include the names and telephone numbers of bail agents. 3. CONSULTANT agrees to sell and maintain a minimum of three (3) ads on the service boards during the term of this Agreement. The spaces for ads will first be made available to licensed bail agents in Huntington Beach, second, to bail agents in Orange County, and third, to licensed bail agents outside of Orange County. 4. All service boards shall contain the following caveat: "Neither Partners For a Safer America nor the City of Huntington Beach warrant the qualifications or competence of any of the persons or services listed on this service board." 5. It is understood that CONSULTANT's right to install and maintain service boards on the premises shall be an exclusive right during the term of this Agreement. 6. CONSULTANT shall be solely responsible for the assembly, construction, printing, and delivery to the Huntington Beach Police Department of all service boards. If signboard encasements are used to display service boards, they must be constructed and made of safety material (non-breakable frames, lexan plastic covers, and security screws)to prevent the inmates from removing, damaging, or defacing the boards (all materials used must be approved by the Police Facilities Maintenance prior to installation). Any damaged service board or encasement will be removed by the CITY and must be replaced by the CONSULTANT within thirty days (30)written or e-mail notice to the CONSULTANT. CITY agrees to install all original service boards, and in addition, will install replacement inserts provided by CONSULTANT,twice annually. CITY will provide CONSULTANT with new Huntington Beach publicly distributed commercial telephone directories when they come out. In the event that the CONSULTANT must change the information provided on the service boards more than twice annually,the CONSULTANT agrees to reimburse the CITY for the actual costs incurred for replacement of the boards, not to exceed Two Hundred Fifty Dollars ($250.00). Ex. A, page 1 B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT is responsible for: 1. Securing and executing an agreement with each Bail Bond Agent, who desires to advertise on the service boards using the following criteria: a. All Agency Trade Names appearing on service boards must be on file with the Department of Insurance and approved for use by the licensed agency owner. b. Each bail bond agency owner wishing to place an ad on service boards must hold a valid bail bond license with the California State Department of Insurance (Insurance Code Section 1800.75). The City reserves the right to block or remove any non-licensed or non- qualified agency information card from service boards. C. All employees licensed to conduct bail must also be approved to solicit bail bonds under the owner's approved Trade Name. d. All display ad style information cards must comply with Department of Insurance regulations and may include agent pictures, agency name, telephone numbers, address, services available and any other information the agency owner feels is pertinent to the business. Nothing on the display cards can be obscene, immoral or illegal. 2. Placing the names of all licensed bail bond agents wishing to do business in the City of Huntington Beach and wishing to advertise their services in their Correctional Facilities, in a fair and equitable manner, on reasonably sized, professionally crafted, poster-like boards, not to exceed 24"x 32" in size unless pre-approved by the Huntington Beach Police Department Detention Administrator. 3. CONSULTANT shall be responsible to randomly place all advertisements on the service boards, and to rotate all advertisements on these service boards every six months through the use of their web-based"internet Drawing Program." This program allows all advertisers to participate in specially scheduled random rotation drawings held on the Internet. Details for participation will be provided to qualified advertisers at the time they secure an advertising contract with CONSULTANT. 4. Charging persons purchasing advertising space on the service boards a minimum of$100 per month, during the first year of this agreement, with an optional per month increase of twenty-five dollars ($25.00) each year for the remainder of the contract term with the approval of the Chief of Police. Ex. A, page 2 5. Security Clearance All CONSULTANT's employees, agents, and representatives wishing to enter any City Correctional Facility must first receive a security clearance prior to entrance. CONSULTANT should allow at least four (4)weeks prior to intended entrance for completion of the security clearance process. Requests for security clearances shall be done by contacting the Detention Administrator. Department reserves the right to refuse entrance to any person(s) not in possession of a security clearance badge or to confiscate any security clearance badge issued at its discretion. CONSULTANT will reimburse CITY five hundred dollars ($500.00) for each performed security clearance which results in a non approval for access. CONSULTANT shall, during the term of this contract, comply with all applicable federal, state, and local rules, regulations, and laws. CONSULTANT shall obtain all necessary certificates, licenses and permits required by City, County, State, and Federal law in order to perform the services described in this Agreement. Copies of all such documents shall be presented to CITY upon demand. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY shall provide CONSULTANT with a list of all Bail Bond Agents and/or Agencies currently providing bail services to inmates in the CITY's jail facility; and CITY will provide the`Bail Bond" section of the current local telephone directories distributed within the City of Huntington Beach. 2. CITY shall install all required signboard encasements prior to the May 28, 2012 initiation date set forth in the Professional Services Contract by and between CONSULTANT and CITY. 3. CITY will install all signboard encasement inserts and all window cling signs provided by CONSULTANT on or before May 28, 2012, and every six months thereafter as outlined below: May 28, 2012 May 28, 2013 May 28, 2014 November 28, 2013 November 28, 2013 November 28, 2014 4. CITY shall assign one person to assist, by telephone and internet, with the random drawing for advertisers' space location on the boards as needed on each drawing date set approximately two weeks prior to the installation dates listed above. This assistance will not exceed 30 minutes, as assignee will only have to draw for those advertisers that do not participate in the internet-based random drawing process. 5. CITY will notify CONSULTANT by telephone and/or email that all signboards have been installed for each six-month period within 24 hours of the actual due dates listed above. CONSULTANT will not mail CITY's check until notification has been provided. Ex. A, page 3 D. WORK PROGRAM/PROJECT SCHEDULE: l. Immediately upon receipt of the Jail listings and CITY directories outlined above, CONSULTANT will begin preparation of the mailing lists, announcements, and solicitation documents needed for notification to all potential bail advertisers of the CITY's new program. 2. Above mailing will include the initial timeline, dates and materials needed from advertisers prior to the deadline date set for the participation in, and on the new signboards as outlined below: a. Mailing of Notice to Prospective Advertisers: April 15,2012. b. Upon receipt of space reservation forms, CONSULTANT will prepare contracts, documents, etc., and then track all materials including signed copies, artwork and payments from all interested parties. C. Deadline Date for receipt of initial Space Reservation Form, Contract, Artwork, and payment($600): May 15,2012. d. All internet drawing dates for placement of current ads on all jail signboards will be set within five working days from the deadline date. 3. CONSULTANT's delivery of signboard inserts and window cling signs to CITY: No later than May 27, 2012. 4. Delivery of CITY's check: Within seven days from notice that all signboards have been installed and/or exchanged by CITY. Ex. A, page 4 ® CERTIFICATE T ® A INSURANCE ' p DATE(13/201 3 Y) �,r������'�s� 1 � ®� �'�®�LI� NH�A��9 �� 04/13/2013 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 CT STATE FARM INSURANCE NAME: KATHLEEN RANKIN KATHLEEN RANKIN AGENCY P,v"CDNN Et:208-375-4498 Fvc No:208-375-4507 a 6900 OVERLAND RD. DpESS:KATHLEEN.RANKIN.CUOJ STATEFARM.COM BOISE, IDAHO 83709 INSURE S AFFORDING COVERAGE NAIC# INSURER A:State Farm Fire and Casualty Company 25143 INSURED PARTNERS FOR A SAFER AMERICA INSURER B: 8810 W RIVER BEACH LN INSURER C: BOISE, ID 83714-1811 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 I ADDLISUBRI POLICY EFF POLICY TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDR'YYY MMIOD EXP LTR LIMITS GENERAL LIABILITY FI❑ 93-B6-2323-1 0310112012 0310112013 EACH OCCURRENCE $ 2,000,000 DAMAGETO RENTE X COMMERCIAL GENERAL UABILITY PREMISES Ea occurrence $ 300,000 CLAIMS-MADEEl OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,OD0,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PRI LOC $ AUTOMOBILE LIABILITY ❑❑ Ea aaB 1NdentSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peracddant) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per acd I $ $ UMBRELLA LIAB OCCUR ❑ EACH OCCURRENCE $ EXCESS UAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS R ANY PROPRIETOR/PARTNER/EXECUTIVE Y� ❑ E.L.EACH ACCIDENT $ OFFlCEMry in NH) EXCLUDED? N/A (Mandatory in NH} E.L DISEASE-EA EMPLOYE $ If yes,describe under E.L DISEASE-POLICY LIMIT $ F-1 El DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ID AS I FOT. -11M 4 � f I /a . CERTIFICATE HOLDER CANCELLATION CITY OF HU[1[T[MGTON BEACH POLICE DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: DALE MILLER, DETENTION ADMINISTRATOR ACCORDANCE WITH THE POLICY PROVISIONS. 200 MAIN ST. AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH, CA 92648 ©1985-2010 ACORD C RPORATION. Ail rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 Policy No. 93 B62323 1 1354/>:495 CMP-4796 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. C -4796 ADDITIONAL INSURED—DESIGNATED PREPAISES This endorsement modifies insurance provided under the following: SUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number. 93 B62323 1 Blamed Insured; i PARTNERS FOR A SAFER AMERICA 8810 W RIVER BEACH LN BOISE ID 83714-1811 Name And Address Of Additional Insured.Person Or Organ "on. CITY OF HUNTINGTON BEACH POLICE DEPARTMENT ATTN: DALE MILLER DETENTION ADMINISTRATOR 200 MAIN ST HUNTINGTN BCH CA 92648 intend Of Additional Insured: CONTRACTOR OF SERWIES Location Of Premises: LOCATION PER CONTRACT i This endorsement provides only those coverages indicated by an 'W below. SECTION I ® average A—Buildings i When a Limit Of Insurance is shown in the Declarations for Coverage A—Buildings for the premis- es described above, any person or organization shown in the Schedule is included as-an additional insured, as Interests may appear, bul: only with respect to coverage provided under Covenge A — � Buildings for that premises descnl)ed above. 0 Coverage B—Business Personal Property i When a Limit Of Insurance is shown in the Declarations for Coverage S—Business Personal Prop- erty for the premises described above, any person or organization shorn in the Schedule is included 0,CopytighL State Faun MutualAutonmbb insurancs Company,2008 rndudes mpydghted material of rnsumas Services Office,inc.,with its pennlwon. j comnNUED ; i OMP,4785 Ste 2 of 2 as an additional insured, as interests may appear, but only with respect to coverage provided under Coverage B—Business personal property for that property described below. Description of property. n Loss Of Income And Extra Expense When Loss of Income and Extra Expense is shown in the Declarations any person or organkMon shown in the Schedule is included as an additional insured, as interests may appear, but only with respect to coverage provided under Loss Of Income And Extra Expense. SECTION II FX� Coverage L—Business Liability �. SECTION 11—WHO IS AN INSURED of SECTION 11—LIABILITY is amended to include, as an additional insured, any person or organization shown in the Schedule, but only with rasped to lia- bility for"bocW injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of the premises designated above, by you. Z,. With respect to the insurance afforded the additional Insured,this ftVXMce does not apply to: a. Structural alterations, new construction, or demolition operations performed by or for that ad- ditional insured; ba "Personal and advertising injury"caused by that additional insured; e. Liability for which that additional insured is obligated to pay damages by reason of the as- sumption of liability in a corftd or agreement, This exclusion does not apply to liability for damages that the additional insured would have in the absence of the contract or agreements or do "Bodily injury" or "property damage" included within the "products-completed operations haz- ard", arising out of: (1)Goods or inventory which are not sold or distributed by the famed insured;or (2)The manufacturing or packaging of such goods or inventory. 3. Any insurance provided to the additional insured shall only apply with respect to a claim made or a"suit"brought for damages for which you are provided coverage. 4. Primary Insurance. The insurance afforded the additional insures shell be primary insurance. Any insurance canied by the additional insured shall be noncontributory with respect to coverage provided by you. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. l CMP-4755 i rndrr RY�9 .S Farm[Mutual Automobi a ftumnce Company,2008 pydghted rrmb--rW of Insurance Servims Office,inr-,�h itS n. k i f i - i