HomeMy WebLinkAboutC-4083 - PSA for Printing and Mailing the City Manager's Community Newsletterx
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH
NOVAK & NORMAL, INC. DBA THE PM GROUP INC.
FOR PRINTING AND MAILING THE CITY MANAGER'S COMMUNITY NEWSLETTER
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12" day of November 2009, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY"), and NOVAK & NORMAL, INC.
DBA THE PM GROUP, INC., a California Corporation, whose address is 21088 Bake
Parkway, Suite 100, Lake Forest, California, 92630 ( "CONSULTANT'), and is made
with reference to the following:
RECITALS:
A. On October 14, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for Printing and
Mailing services for the City Manager's Community Newsletter hereinafter referred
to as "PROJECT."
B. CITY and CONSULTANT have entered into no separate AMENDMENTS of the
AGREEMENT.
C. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT or prior AMENDMENTS, to extend the term of
the AGREEMENT to March 31, 2010 and to increase the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to March 31, 2010,
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
Exhibit A — Additional Services to be Performed
The PM Group, Inc. will provide printing and mailing services for two issues of the City
Manager's Community Newsletter prior to March 31, 2010 and at a total cost not to
exceed $27,768.
SCOPE OF SERVICES
PRINTING
From City- supplied word documents and digital images, PMG will provide a PDF proof
for City review and approval.
Newsletters will be printed in black ink on 50# offset, 16.75 x 10.875 flat. They will then
fold to 8.375 x 10.875, and finally letterfold to #10 size.
MAILING AND DISTRIBUTION
PMG will purchase a Resident/Occupant list (one -time use), insert the newsletter into
the #10 envelope, image envelope, bag, tag, and deliver to the USPS. This mailing will
be addressed to RESIDENT/ OCCUPANT with a physical address imaged onto the
envelope.
All postage is payable in advance and is based on standard mail, each piece weighing
less than 3.3 ounces. Any non - mailing copies, if any, will be boxed and delivered to
the City.
CERTIFICATION OF UNDERSTANDING
1. The City is to approve a PDF proof prior to printing.
2. PMG is to provide printing, mailing, and delivery services of the newsletter, and
deliver the finished pieces to the Santa Ana main post office for mailing to Newport
Beach zip codes.
Schedule of Billing Rates
Newsletter Printing and Mailing Services per issue: $5,478
One 16.75 x 10.875 sheet (4 pages), 54M per mailing
Postage per issue:
Postage based on standard mail (each piece weighing less than 3.3 oz) at the
estimated rate of $.14 each; no increase in postage rates is anticipated through the
length of the contract.
Sales tax, if required, is additional (usually not required on pieces that mail).
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total additional
compensation for all work performed in accordance with this Amendment No. 1
including all reimbursable items and subconsultant fees, shall not exceed
Twenty-seven Thousand Seven Hundred Sixty-eight Dollars and no/100
($27,768.00) without prior written authorization from City,
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
LA
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By:
David R. Hunt
City Attorney
ATTEST:
By: �jk� 6rw-
Leilani I. Brown,
City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
D v' A. Kiff
City Manager
CONSULTANT: NOVAK & NORMAL,
INC. DBA THE PM GROUP INC
(Corpkr'Vte Officer)
Title:�-t-
Print Name: PNvt- M C ko N Air-,/
By:
(Financial Officer)
Title: V, P,
Print Name: Paan A `CK;eI r1
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Attachments: Exhibit A — Additional Services to be Performed
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PROFESSIONAL SERVICES AGREEMENT WITH
NOVAK & NORMAL, INC, DBA THE PM GROUP, INC.
FOR PRINTING AND MAILING THE CITY MANAGER'S COMMUNITY NEWSLETTER
THIS AGREEMENT is made and entered into as of this /'#h day of October 2008, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "Cit)"), and
NOVAK & NORMAL, INC., a California Corporation, Doing Business As ( "DBA ") THE
PM GROUP, INC. whose address is 21088 Bake Parkway, Suite 100, Lake Forest,
California, 92630 ( "Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to continue to produce and distribute the City Manager's
community newsletter.
C. City desires to engage Consultant to provide printing and mailing services for up
to eight (8) issues of the City Manager's Community Newsletter.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Paul
McKinney, President and Principal.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of October, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Eleven Thousand and Seventy-Two Dollars and
no /100 ($111,072) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the speck task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsuftants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated CAROL
FERGUSON to be its Project Manager. Consultant shall not remove or reassign
the Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. TARA
FINNIGAN shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
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expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and Prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behaff shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employee's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
C
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance 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.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
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work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Tara Finnigan
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3000
Fax: 949 -644 -3008
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Carol Ferguson
The PM Group, Inc.
21088 Bake Parkway, Suite 100
Lake Forest, CA 92630
Phone: 949 -597 -1662
Fax: 949 - 597 -1665
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
SEVERABILITY
If any term or portion of this Agreement is held to be
unenforceable by a court of competent jurisdiction,
this Agreement shall continue in full force and effect.
12
invalid, illegal, or otherwise
the remaining provisions of
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP VED AS TO FO
Aaron C. Harp, Asst. City Attorney
for the City of Newport Beach
ATTEST:
By: M. "'e'
LaVonne Harkless,
City Clerk zzr0*&
CITY f,NEWPO�T EACH,
A M ni ipal Qprpo atJbD
'Edward D. Seli&Pi, Mayor
for the City of Newport Beach
CONSULTANT:
to Officer)
Title: Pn2/-Je(�-f
Print Name: PA(' ( WK—in 1C j
By: �J
(Financial:Officer)
Title: prLc�' (U
Print Name: ���� w� MGK ( �1 n 2,
y
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
iC!
CITY OF
NEWPORT
BEACH
SCOPE OF SERVICES
City Manager Newsletter
Printing and Mailing
October 1, 2008
Tara Finnigan,APR
Public Information Manager
City of Newport Beach
3300 Newport Blvd., Newport Beach, CA 92663
October 1, 2008
RE: SCOPE OF SERVICES, CITY MANAGER'S
NEWSLETTER, PRINTING AND MAILING
Dear Ms. Finnigan,
Thank you for the opportunity to offerThe PM Group's
printing and mailing services of the City Manager's
Newsletter for the City of Newport Beach.The PM Group
offers a true turn -key process, offering printing and mailing
in a seamless environment.We are one -stop shopping for all
your printing and mailing needs.
We are very experienced in the services required by
government entities, holding contracts with the Cities of
Garden Grove, Lake Forest, Norco, Orange, and Rancho
Santa Margarita.We are also a preferred supplier for the Los
Angeles Unified School District.
We welcome your on -going consideration for this and other
printing/mailing projects the City requires.
I can be reached at any time, day or night, by calling the
office at 949- S97- 1662.We look forward to working closely
with the City on this project.
Sincerely, j
z !`
CAROL F GUS
Account Executive
ACCEPTANCE OF TERMS AND CONDITIONS
I accept the terms and conditions of the City of Newport
Beach's agreement to print the City Manager's Newsletter.
The manufacturing costs for this project will remain
constant for the duration of the contract. Paper prices,
however, fluctuate over time. Increase in paper, above 2%, will
be documented in writing by the paper manufacturer, and an
adjustment in pricing will be negotiated with the City.
The PM Group has no potential conflicts of interest between
our personnel and the City of Newport Beach.
q - /
Principal and President
The PM Group, Inc.
21088 Bake Parkway, Suite 100
Lake Forest, CA 92630
949-597-1662, ext. 112
paulm @pmgrp.net
SCOPE OF SERVICES
PRINTING
From City- supplied word documents and digital images,
PMG will provide a PDF proof for City review and approval.
Envelopes will be completed as a single printing in the
quantity projected by the City as its annual usage (54,000
per issue). Envelopes are #10 size, printing on the face only,
on 24# white wove in black ink.The envelopes will be pre-
printed with the City's return address and PMG's indicia.
Newsletters will be printed in black ink on SO# offset, 16.75
x 10.875 flat.They will then fold to 8.375 x 10.875, and finally
letterfold to # 10 size.
MAILING AND DISTRIBUTION
PMG will purchase a Resident/Occupant list (one -time use),
insert the newsletter into the #10 envelope, image envelope,
bag, tag, and deliver to the US PS.
This mailing will be addressed to RESIDENT / OCCUPANT
with a physical address imaged onto the envelope.
All postage is payable in advance and is based on standard
mail, each piece weighing less than 3.3 ounces.
Any non - mailing copies, if any, will be boxed and delivered to
the City.
CERTIFICATION OF UNDERSTANDING
PMG is pleased to submit its proposal to the City of
Newport Beach for the production of the City Manager's
Newsletter. Our understanding of this project includes the
following:
I. The City is to approve a PDF proof prior to printing.
2. PMG is to provide printing, mailing, and delivery services
of the newsletter, and deliver the finished pieces to the
Santa Ana main post office for mailing to Newport Beach
zip codes.
PROJECT SCHEDULE
Receipt of word documents and
digital_images from the City .. ..... . . ....... ........... Dam
Order mailing list . . ........ ... I . ..... . ... .... .......... — . . . ..... - .......... .
.r!?F.pFppf to_City_ 1� ay2
_,.I.-
q!q_appjNi�o of t_qf_prqof Dz 2
Print newsletter Day A,
-------------- -- - --!� I.
Postage check from Cit�ia ........ ....... ---- . . ..... ----- - PHA
Mailing ,sS7ices . .. .... I .... . .. I ... .. .. 1-- . . 5
. . ....... R4�
Deliver to post office Day 7
Please allow 12-15 working days for production of the #10
envelopes.
3
City of Newport Beach
City Manager's Newsletter
Schedule of Billing Rates
October 1, 2008
Envelope Printing:*
im
The PM Group, Inc.
21088 Bake Parkway, Suite 100
Lake Forest, CA 92630
Newsletter Printing and Mailing Services per issue:
Postage per issue:
Postage based on standard mail (each piece weighing less than
3.3 oz) at the estimated rate of $.137 each; no increase in postage
rates is anticipated through the length of the contract. $ 7,
PM Group will provide initial redesign at no charge.
*Envelopes will be printed for an entire year, stored and used as needed.
The envelopes will be billed in their entirely at the time of the original printing.
Pa o
Sales tax, if required, is additional (usually not required on pieces that mail).
Extended cost
ACORDN CERTIFICATE OF LIABILITY INSURANCE
10 /22/z 08
PRODUCER (949)348 -7400 FAX (949) 348 -2373
Insurance Solutions
License #0746539
26522 La Alameda, Suite 190
Mission Viejo, CA 92691
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURED Novak & Normal, Inc.
DBA: The PM Group, Inc.
21088 Bake Parkway, Ste. #100
Lake Forest, CA 92630
INSURERA State Comp Ins Fund
830 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
INSURER B'
GENERAL LIABILITY
COMMERCIAL GENERAL UABILITY
CLAIMS MADE F_� OCCUR
INSURER C:
3300
INSURER D:
EACH OCCURRENCE
INSURER E.
DAMAGE TO RENTED
GES
v 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
%DD'L
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
830 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn:
GENERAL LIABILITY
COMMERCIAL GENERAL UABILITY
CLAIMS MADE F_� OCCUR
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3300
Newport Blvd
EACH OCCURRENCE
S
DAMAGE TO RENTED
S
MEG EXP (Anyone POMDn)
S
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE
S
GEN'L AGGREGATE LIMIT APPLIES PER.
POLICY PRO
JECT LOG
PRODUCTS - OOMPIOP AGO
S
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
Ba aWdent)
S
BODILY INJURY
(Per PersoN
S
BODILY INJURY
(PeraccieenU
8
PROPERTY DAMAGE
per acclaeno
S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
S
OTHER THAN EA ACC
AUTOONLY. AGO
S
S
EXCESSAIMBRELLA LIABILITY
OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION Y
EACH OCCURRENCE
S
AGGREGATE
S
S
$
S
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICEWMEMBER EXCLUDED?
It yes, describe under
SPECIAL PROVISIONS below
1657437 -08
10/01/2008
i
10/01/2009
I
X we STATU- OTH-
E.L. EACH ACCIDENT
S 1,000,0
E.L.OISEASE- EAEMPLOYE
S 1,000,00-0
E.L. DISEASE - POLICY LIMB
1 $ 1,000,00
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
10 Days written notice for non - payment of premium.
rCOTIPIr ATC LIAI RC:O CAMrGI 1 ATIAM
ACORD 25 (2001/08) FAX: (949) 644 -3008 (DACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City
of Newport Beach
830 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn:
Tara Finnigan
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3300
Newport Blvd
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
•�L (�yw
Newport Beach, CA 92663
Tony Alessandro HERES "_��
ACORD 25 (2001/08) FAX: (949) 644 -3008 (DACORD CORPORATION 1988
ACORD,R CERTIFICATE OF LIABILITY INSURANCE
ATE os
PRODUCER (949)472 -6560 FAX (949) 588 -8348
California Southwestern Insurance Agency
License Number 0443354
21 Orchard
Lake Forest, CA 92630
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED The PM Group
210 -88 Bake Parkway #1000
Lake Forest, CA 92630 -0000
INSURERA American Economy Insurance CO.(S
feco)
INSURER B:
LIMITS
INSURER C.
3300
hSURER O
02BO9220930
INSURER E:
06/10/2009
COVFR nFn
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILT R
dD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3300
GENERAL LIABILITY
02BO9220930
06/10/2008
06/10/2009
EACH OCCURRENCE
$ 2,000,000
Jennifer McCloskey, CISR /JLP q" M�-
X COMMERCIAL GENERAL [ABILITY
DAMAGE TO RENTED
$ 2,000,00
CLAIMS MADE a OCCUR
MED EXP (Anyone moron)
$ 10.000
PERSONAL S ADV INJURY
$ 2.000.000
A
GENERAL AGGREGATE
S 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
S 4,000,00
X POLICY PRO- LOC
JECT
AUTOMOBILE
LIABILITY
PNV AUTO
02808220830
06/10/2008
06/10/2009
COMBINED SINGLE LIMIT
IEa accident)
$ 2,000,00
BODILY INJURY
(Per �=,I)
$
A
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON -OWNED AUTOS
X
BODILY INJURY
(Par accimt)
$
X
PROPERTY DAMAGE
(Per accidanq
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
S
OTHER THAN EAACC
$
ANY AUTO
S
AUTOONLY: AGO
EXCESSJUMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR FI CLAMS MADE
AGGREGATE
$
8
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
TWO STATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTNE
E L. EACH ACCIDENT
$
EL DISEASE - EA EMPLOYEE
$
OFFICER/MEMBER EXCLUDED?
If yes, dwribe ur er
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIfT19N OF OPERATIONS f LOCfATIONS I VEHICLES / EXCLUSIQNS ADDED j3Y ENDORSEMENT / SPECIAL PROVISIONS
ertificate holder is named as addtional insured per attached endorsement BP7057 07/0 with respect to
eneral Liability only,
MAIL: tfinnigan$city.newport- beach.ca.us
except: 10 day notice of cancellation due to non payment of premium.
CERTIFICATE HOLDER CANCELLATION
ACORD 26 (2001108) ® ACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTOMAIL
City
of Newport Beach3DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn:
Tara Finnigan
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3300
Newport Blvd
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Newport Beach, CA 92663
AUTHORIZED REPRESENTATIVE ((��'�����,,���,,�
Jennifer McCloskey, CISR /JLP q" M�-
ACORD 26 (2001108) ® ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 26 (2001108)
" REPRINTED FROM THE FORMS LIBRARY ' °'
Safec�
BUSINESSOWNERS
BP 70 57 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM — Section II — Liability
SCHEDULE*
Name of Person or Organization:
WHO IS AN INSURED (Section C) is amended to include as an insured the person or organization shown in
the Schedule as an insured but only with respect to liability arising out of your operations or premises owned
by or rented to you.
Information required to complete the Schedule, if not shown on this endorsement, will be shown in the
Declarations.
Bafem wand the Salem logo are trademarks of Salem Corporation
BP 70 57 07 02 EP
Business license
Finnigan, Tara
From: Carol Ferguson ]carolf @pmgrp.net]
Sent: Tuesday, October 21, 2008 4:42 PM
To: Finnigan, Tara
Subject: Business license
Hi Tara,
Just wanted to let you know that I purchased the business license. The number is below.
Thanks,
Carol
Business License Application - eReceipt
10/21/2006
Congratulations Carol!
Your Business License Application has been submitted and your payment has been received.
now be reviewed by a staff member and then approved accordingly. Please wait 10 business
Business License Certificate via Postal Service.
You may login to Quest at any time to view the status of your request.
Receipt No:
155010743
Business License #:
BT30025677
Total Amount:
$227.00
Yours truly,
0
10/27/2008
Page 1 of 1
Your application will
days to receive your
OCT 14 2008
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
October 14, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Tara Finnigan, Public Information Manager
949 -644 - 3035, tnnigan@cityi.newport- beach.ca.us
SUBJECT: Printing and Mailing of City Manager's Community Newsletter —
Approval of a Professional Services Agreement with The PM Group,
Inc.
RECOMMENDATION:
Approve a Professional Services Agreement with The PM Group, Inc. of Lake Forest,
CA for the printing and mailing of the City Manager's community newsletter at a not to
exceed price of $111,072 and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
Since its inception 2005, the City Manager's community newsletter has been a popular
method for communicating information about current City projects and issues with the
residents and businesses of Newport Beach. The document is presented in a
straightforward, letter -style format to quickly share facts and information. This year, staff
determined that increasing the frequency of the newsletter's distribution — to up to eight
times per year — would help to provide more consistent information to the community
and meet the City Council's goal of enhancing communication with our residents.
Due to the volume of newsletters distributed (54,000 per issue), the printing and mailing
tasks are handled by an outside vendor. With the additional newsletters planned for this
year, staff determined it would be timely and cost effective to solicit new proposals for
the newsletter's printing and mailing. Seven companies submitted bids and The PM
Group, Inc. was selected based upon the firm's qualifications and creative, cost - saving
approach to the project. The consultant has recommended a minor format change that
will save the City approximately $3,000 per issue or about $24,000 per year in mailing
costs. In addition, The PM Group, Inc. has outlined a project schedule that provides for
• PSA for Printing and Mailing of City Moer's Community Newsletter
October 14, 2008
Page 2
a shorter turnaround time, which will result in the more timely delivery of information to
our community.
As outlined in the attached scope of work, The PM Group, Inc. will coordinate the
printing of the newsletter and envelopes, and the postage, mailing, and distribution of up
to eight issues of the newsletter during the next 12 months.
Environmental Review: The City Council's approval of this item does not require
environmental review.
Public Notice: The agenda item has been noticed according to the Brown Act (72 hours
in advance of the meeting at which the City Council considers the item).
Funding Availability: There are sufficient funds available in the following account: 0310-
8080, City Manager Professional and Technical Services.
Submitted by:
Tara Finnigan
Public Information Manager
Attachments: Professional Services Agreement