HomeMy WebLinkAboutC-4164 - PSA for Newport Coast Community Center Sound, Video and Lighting Design & EngineeringAMENDMENT NO. #1
U TO
PROFESSIONAL SERVICES AGREEMENT WITH CIBOLA SYSTEMS
CORPORATION
FOR NEWPORT COAST COMMUNITY CENTER SOUND, VIDEO AND LIGHTING
DESIGN & ENGINEERING
THIS AMENDMENT NO. #1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 30th day of January, 2009, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY"), and CIBOLA SYSTEMS
COPORATION a California Corporation whose address is 1118 170 Street, Santa Ana,
California, 92701 -2620 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On May 8, 2008, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT', for Newport Coast
Community Center Sound, Video and Lighting Design and Engineering
hereinafter referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT or prior AMENDMENTS and to extend the term
of the AGREEMENT to September 1, 2009.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1, as provided here below and Exhibit A.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to thee AGREEMENT and
AMENDMENT NO. 1, 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.
2. 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 compensation for all
work performed in accordance with this AMENDMENT NO. 1 including all
reimbursable items and subconsultant fees, shall not exceed Five Thousand
Dollars and no /100 ($5000.00) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to September 1, 2008.
4. 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:
Mynette Beauchamp
Asst. City Attorney
for the City of Newport Beach
ATTEST:
By: (�w
Leliani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
3y.'� ��... l
Laura Detwei ler, �Director
NZakreation & 'S'oenior Services Dept.
CONSULTANT:
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By:
(CoYpora Q-00icer)
Title:'
Print Name: I I
By:
(Financial Offi&er)
Title:
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Print Name.-
Attachments:
ame:Attachments: Exhibit A — Scope of Services
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SUPPLEMENTAL SERVICES AUTHORIZATION
1. Project: Newport Coast Community Center
C t B s L A Newport Coast, California
S IT S T E At S
II. With reference to the accepted Professional Services Agreement with Cibola
Systems Corporation, dated May 8, 2008 by and between the City of
1112 EAST 17' ^STEEET Newport Beach (Client) and Cibola Systems Corporation (Consultant) for the
above - slated project, the following changes shall apply:
SANTA ANA CAMI-2620
714- 480.0272 PHONE A. The scope of the project shall be amended to include Bid Documentation
and Review for the Newport Coast Community Center's audio system in
21=- 180.0768 EACSHAIE the multipurpose room and large and small divisible classrooms; the LCD
video system in the large and small divisible classrooms; and, an option
for the projector in the large divisible classroom.
Bid Documentation will emphasize translating Newport Coast Community
Center's communication needs into detailed system configurations.
Cibola will provide a signal flow analysis, resulting in complete lists of
hardware and software requirements required by the audiovisual
contractor.
Deliverables will include bid documentation for an RFP for audiovisual
services.
Bid Review will include responses to bidder questions, review of proposals
and final recommendations.
Deliverobles will include an analysis of bids with final recommendation;
and audio /video conferences as required.
B. Compensation, in Paragraph 4 of the Agreement, shall be amended to
include an increase of $5,000 as follows:
Bid Documentation $3,900
Bid Review $1,100
Total Increase $5,000
111. All basic accepted (contracted; agreed
specifically modified by this change,
Authorizations, shall remain in effect.
upon) requirements, other than those
or previous Supplemental Services
This Supplemental Services Authorization executed 20 January 2009.
WFCM
CONSULTANT
City of Newport Beach Cibola Systems Corporation
Recreation & Senior Services Department 1118 E. 17th Street
3300 Newport Boulevard Santa Ana, CA 92701
Newport Beach, CA 92663
By:
Print Name:
Date:
By:
Diana Theron
Vice President
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9:\pmi%m n\newportcommdAwntmd \newpoftoosta nOMnier4a012009.doc
PROFESSIONAL SERVICES AGREEMENT WITH
CIBOLA SYSTEMS CORPORATION
FOR NEWPORT COAST COMMUNITY CENTER SOUND, VIDEO AND LIGHTING
DESIGN AND ENGINEERING
THIS AGREEMENT is made and entered into as of this 8 day of May, 2008, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
CIBOLA SYSTEMS CORPORATION, a California Corporation whose address is 1118
East 17th Street, Santa Ana, California, 92701 -2620, ( "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 carry 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 install sound/audiovisual equipment at the Newport Coast
Community Center located 6401 San Joaquin Hills Road, Newport Coast, CA
92657 during Summer 2008.
C. City desires to engage Consultant for Audiovisual/Sound & Lighting consulting
for the design and system engineering. The scope of work is based on the site
Visit and recent discussions with City staff. ("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Anne
Wilke, Senior Account Executive.
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 December 31, 2008.
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.
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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 A 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 Eleven Thousand Ten Dollars and no /100 ($11,010.00) 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 specific 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.
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:
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A. The actual costs of subconsultants 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 A.
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 ANNE WILKE,
SENIOR ACCOUNT EXECUTIVE 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 Recreation & Senior Services
Department. MATTHEW LOHR, RECREATION MANAGER shall be the Project
Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his/her authorized 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:
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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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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
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
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the negligence, recklessness, or willful misconduct of the Consultant or 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, active 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.
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.
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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
behalf 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 Gigs Risk
Manager.
D. Coverage Requirements.
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 Employer'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.
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.
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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:
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.
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.
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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 orjoint- 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.
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
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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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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.
20. 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.
21. 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
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invoices during regular business hours. Consultant shall allow inspection of all
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.
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.
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.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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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26. NOTICES
P
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: Matthew Lohr, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3164
Fax: 949 -644 -3155
Email: mlohr (ccDcitv.newport- beach.ca.us
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Anne Wilke, Senior Account Executive
Cibola Systems
1118 East 17th Street
Santa Ana, CA 92701 -2620
Phone: 714 -480 -0272
Fax: 714 -480 -0768
Email: awilkeacibolasystems.com
28. 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
11
0 0
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35, SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
12
0 0
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govem 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.
37. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
i Attomey
for the City of Newport Beach
ATTEST:
IF
By 1
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municip orporation
By: P
Wes Morgan, Director
Recreation & Senior Services Dept.
CONSULTANT
By:
(Corporate Officer)
Title: cso
Print Name: Lisa Perrine
By.
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services/Proposal/ Billing Rates
sik3
0
PROPOSAL
EXHIBIT A
E
This Proposal is made to City of Newport Beach (Client) by Cibola Systems
Corporation (Consultant). Consultant proposes to provide the audiovisual
C I B £ L A consulting services described below for the following Project:
S Y S T E M S
City of Newport Beach
Community Center
Newport Beach, CA
1118 FAST V "SIREEI
SANTA AN& CA 1.2M
I. Basic Services
114.480 -0111 PHONE
714- A80- 01561ACSV/AIE 1.1 Audiovisual Services
Cibola proposes to approach the AV consulting process in the
following steps:
A. Design Development will concentrate on developing
detailed audiovisual infrastructure changes, including wall
details; millwork modifications; and electrical additions.
Working with the Client's resources, Cibola will identify
critical relationships between audiovisual, voice /data, and
line voltage electrical systems.
Deliverables will include CAD drawings with line and low
voltage electrical requirements; equipment integration
details (including size, location, weight and access
requirements); one (1) site survey; and one (1) coordination
meeting with Client's team:
B. System Engineering will emphasize translating Client's
communication needs into detailed system configurations.
Cibola will provide complete lists of hardware and software
requirements; and will evaluate existing equipment for
reuse if appropriate.
Deliverables will include a strategic overview of the project;
a budget analysis and final equipment lists.
1.2 Lighting Services
Cibola's Subconsultant, Norman Russell Design, will design and
document the lighting requirements for the planned space.
Deliverables will include evaluation of existing lighting conditions
in a single site visit; schematic lighting design; fixture
specifications, cut sheets, and energy calculations; a control intent
diagram for dimming systems; review of as -built electrical
drawings to ensure necessary power service, conduits, outlets,
switches, relays, and lighting controls are incorporated; and one
(1) design meeting.
1.3 The scope of the Project shall include the following Facilities for
integrated audiovisual systems:
A. Gymnasium and Stage
B. Small Divisible Community Room
C. Large Divisible Community Room
D. Hallway
1.4 The scope of the Project may include the following Systems:
A. Video and Computer Image Display
B. Media, Voice, and Live Performance Audio Reproduction
C. Audio/Video Routing and Distribution
D. Audio/Video Teleconferencing
it. Supplemental Services
2.1 Revisions and /or additions to the Basic Services described in
Section 1.1, 1.2, 1.3, and 1.4 shall be considered Supplemental
Services.
2.2 Supplemental Services may include, but shall not be limited to, bid
documentation and review, construction administration, user
interface software development, and custom equipment design.
2.3 Supplemental Services may include, but shall not be limited to, any
services rendered by Consultant to assist Client or representatives
in obtaining building permits, applications and approvals.
2
9: Vmknlnewwork4xopoea llnpccodeeprop1�nocoverNr doc
10
General Conditions
3.1 Unless otherwise specified in writing, the drawings and other
technical inputs provided by Consultant shall be limited in scope to
the Audiovisual Systems portion of the Project. Consultant does
not assume responsibility for those functions normally ascribed to
Project Architect, Engineers or Contractors. It shall be the
responsibility of Others to verify conformance of the concepts,
designs and arrangements represented in the drawings and
specifications with all governing laws, codes and restrictions. This
shall include, but not be limited to, all structural, fire and building
safety, energy conservation and handicapped accessibility
requirements.
Compensation
4.1 Client shall compensate Consultant as follows:
A. For Basic Services described in Section 1.1, 1.2, 1.3, and
1.4 compensation shall be $ 11,010 for the following:
Audiovisual Services $ 5,700
Lighting Services $ 5,310
B. Compensation for Supplemental Services shall be
negotiated at the time these services shall be requested,
and shall be based on Consultant's established hourly
rates:
Principal
$ 185.00
Senior Professional
140.00
Level 1 Professional
110.00
Level 2 Professional
95.00
Support Personnel
60.00
The hourly rates noted above shall be effective through
December 31, 2008.
C. Reimbursable Expenses as outlined in Article VI shall be in
addition to compensation for Basic Services, shall not
exceed $1,000 and shall be billed at cost.
3
g: 5mkl17newworklpropvsaMpcccdespropl- owvedtrdoc
V. Payments to Consultant
5.1 Payments on account of Consultant's Basic and Supplemental
Services shall be made monthly for services and expenses to date.
Terms shall be net thirty (30) days.
VI. Reimbursable Expenses
6.1 Reimbursable Expenses shall be in addition to the Compensation
of Basic Services and include actual expenditures made by
Consultant, its employees, or its professional consultants in the
interest of the Project for the following:
A. Expense for reproductions and pen plotting of Project
documentation.
B. Expense for courier, postage and handling of Project
documentation.
C. Expense for long distance telephone calls.
D. Expense for facsimile transmissions.
E. Expense for transportation and living when traveling in
connection with the Project.
Expense for renderings, mockups and models as requested
by Client and /or Architect.
a
g:NaMi newworkiproposaPnpaxdespropt 4*oowdlr.doo
This proposal, submitted 8 May 2008, is valid for thirty (30) days.
CLIENT
The City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
By:
Print Name:
Date:
CONSULTANT
Cibola Systems Corporation
I I IS E. 7 7th St.
Santa Ana, CA 92707
By:
Lisa Perrine
CEO
5
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ENCLOSURE A - INSURANCE CERTIFICATE
ACnI?Q CERTIFICATE OF LIABILITY INSURANCE=oa/o3izuoi
EtGakq -2 FAX (714)S69-3D99
Pridemark- Everest Insurance Services, Inc.
A Leavitt Group co 1%13098
1820 E. First Street, Ste Soo
Santa Ana, CA 92703
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
ONLYAND CONFERS NO MONTS UPON THE CERTIFICATE
HOLDER THIS C CERTIFI ATE DOES NOT AMEND. EXTEND
ALTER Tiff
OR
INSURERS AFFORDING COVERAGE
RAICI
NWEFO Libola Systesis Corporation
1118 East 11th St.
Santa Ana, CA 92701 -2620
w MA Onegeacm America Ins Company
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CERTIFICATE HOLDER CANCELLATION
_.
ACORD 25 (2001Na) CACORD fARPORATION 1955
6
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[MOKO4IT OEIXF YOW 0[tgiYlgYtyttECAiCEWEFHOM EM[
ESPgAApI pR MW W.iNi 41VIW Y6W1[EM46'OGWIITD WIL
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C{AYYRIt1YNMM a1[NWIq.O{MYIIE ORtENbfFMATpFf.
For Insured's Records Only
.v11AYrSeEwElalufvt _
rAry Well s/CIADYC
_.
ACORD 25 (2001Na) CACORD fARPORATION 1955
6
g: WkAinewworklproposaRnpxcdesPrOPi- nocoverw doo
ENCLOSURE B - FIRM BIO
Founded in 1971, Cibola continues to create new directions in the field of group
communications with consistent investment in research and development. From the
beginning Cibolo focused on providing solutions to simplify audiovisual technology in the
evolving workplace. Cibola was among the first to develop and implement such time-
saving innovations as digital control systems and touch -screen user interfaces.
Lisa Perrine joined Cibola in 1982, and acquired the firm in 1991. Lisa quickly
recognized the potential for improving group communication with well - designed meeting
environments. The marriage of technologies which save time, and environments which
promote collaboration, remains the core of Cibola's work decades later.
Cibola has assembled a diverse group of professionally certified designers, engineers,
strategists and technicians. Their backgrounds include business consulting, software
development, architecture, and electronic engineering. Together, the Cibola team has
created over 1500 communication environments. Cibola's gold level certification from
Infocomm, the audiovisual industry's trade organization, signifies our commitment to
ongoing professional development.
The Cibola team has defined three critical ingredients for high - payback communication
environments. The Cibola Method begins with a unique process which helps
organizations rapidly refine their communication purpose. Cibola's designers and
engineers then integrate the elements of place - space design and audiovisual
technologies - with process tools to provide single source accountability for accelerating
meeting effectiveness.
Representative 2006/2007 Projects Include:
Annenberg Cultural Pavilion, Century City
Canyon Capital, Century City
Fiat American NOC and Briefing Room, Santa Ana
Gibson, Dunn & Crutcher LLP, Orange County
Heller Ehrmon Offices, San Francisco, Madison, Menlo Park, Seattle, London
Latham & Watkins LLP, Los Angeles
LAPD Headquarters Relocation, Los Angeles
Mayer, Brown, Rowe & Maw LLP, Los Angeles
McDermott, Will & Emery LLP, Century City
Munger, Tolles & Olson LLP, Los Angeles
Oaktree Capital, Los Angeles
O'Melveny & Myers Mock Court and Jury Focus, Century City
Scripps Health Boardroom, Lo Jolla
Sidley Austin, Los Angeles
St. Joseph Health System Headquarters Remodel, Orange
The Annenberg Foundation Offices, Century City
The California Endowment Conference Center, Los Angeles
UCSD Schools of Business and Pharmaceutical Sciences, Son Diego
Univislon, Houston, Fresno
Yahool Regional Offices, New York, Dallas, Santa Monica
g:vnktll newworkW oposaMpcccdespropt- nocovenM.doc
ENCLOSURE C - SCHEDULE OF SERVICES
Audiovisual Services
Design Development
Senior Professional 12 $140.00 $1,680.00
Level i Professional 15 $110.00 $1,650.00
Support Staff 12 $ 60.00 $1,680.00
Sub -Total $3,400.00
Systems Engineering
Principal 2 $185.00 $ 370.00
Senior Professional 2 $140.00 $ 280.00
Level 1 Professional 15 $110.00 $1,650.00
Sub -Total $2,300.00
Total $5,700.00
4Soa'I.+►+a 1t2i,:escL1:�5*" tu�:>I
Cibota Systems, Newport Coast Community Center
Lighting Comultation Schedule of Sen loss
Noure
Rate
Fees
Existing Conditions
ReAew Existing conditions . Site Visit
Principal Consultant
4
S
175.00
$ 700.00
ReNew Existing C4 ufftre -As Bull Docs
Principal Consultant
4
$
175.00
S 700.40
Review Existing Ccntlltions Subtotal
$ 1,400.00
Lighting Design
Draft Lighting Plot
Prindpel Consultant
8
$
175.00
$ 1A00.00
Downientallon -CAD Op
2
S
75.00
s 150.00
Specify Lighting Fixtures
Prindpel Consultant
4
S
175.00
$ Twoo
Associate Consultant
4
S
125A0
S 500.00
Datarrext Ern ry
1
S
45A0
S 45.00
Specify Lighting Contras
Prindpal Consultant
2
S
175.00
5 350.00
Associate Coneuttem
2
a
125.00
$ 250M
DMWText Entry
1
S
45.00
a 46.00
Calculate Estimate of Cost
Principal Consultant
1
S
175.OD
$ 175.00
Associate Consultant
2
S
125.00
$ 250.00
DOWTa9 Entry
1
5
45.00
$ 45.00
Lighting Design Subtotal
S 3,610.00
project Total Fee
$ 5,310A0
8
g:VnkDl newevrklproposaMpcccdoopropl- nocoverit7.doc
0 0
7
Encompass Detail
Acct. Type:
Business Tax
License A':
BT30901564
Bus. ID:
0029126
Name:
C1801A SYSTEMS CORPORATION
Owner Name:
PERRINE, LISA
Owner Type:
C
Exp. Date:
10131/2008
S Addy:
1118 EAST 17TH ST
S Addy 2-
Addr3:
SANTA ANA CA
Zip:
92701
B Addr1-.
1118 EAST 17TH STREET
0 Addr2:
8 Addr3:
SANTA ANA, CA
B Zip:
92701
Phone:
(714)480-0272
FEIN:
951913155
SEIN:
2200845
Established:
10fI12003
SIC:
8748 -MISC BUSINESS CONSULTING
Owner #:
09552
# of Emps:
1
usFI:
143518
IISF2:
usr3:
usnt:
US15.
USF6:
usf7-.
M
Done
Internet
• INVOICE •
SEP 2 9 2m
i5p.fo.ana uKAWf
MYtwaVIS31V�1.w04
DESIGN DEVELOPMENT
$ 5,700.00
INVOICE NUMBER: 121
3.990.00
100.00% $ 5.700.00
INVOICE DATE: 813U2008
CONSULTANT LABOR
$ 5.310.00
CLIENT IO: NEWPOI
2,795.49
52.64% It 2,795.49
JOB NUMBER: C-0817
C 1 8 4 L A
% 11,010.00
f
Y S 1 f M s
$ 8A9bA8
1,710.80
Mailhow Lohr, RecleaAm Manager
Newport Coast Community Center
Rernea8on 8 Senior Services Deparlmenl
8101 San Joaquin HOTS Road
City of Newport Beads
Newport Coast, CA 92657
ISSS LAS...... ii
3300 Newport Boulawfd
MILEAGE
S�Uwm,m
Newport Beach. CA 92663
38.62
.......
Period Ending 08131108
NET 30
i5p.fo.ana uKAWf
MYtwaVIS31V�1.w04
DESIGN DEVELOPMENT
$ 5,700.00
$
3.990.00
100.00% $ 5.700.00
It 1,710.00
CONSULTANT LABOR
$ 5.310.00
$
2,795.49
52.64% It 2,795.49
$ 0.00
TOTALS
% 11,010.00
f
86786.49
$ 8A9bA8
1,710.80
EXPENSES: INTE $1.0001
MILEAGE
$
38.62
$ 57.05
$ 18.43
BINDERS
$
7.00
$ 7.00
OUTSIDE REPROGRAPHICS
2.10
$ 2.10
I*HOUSE REPRODUCTION
S 0.80
$ 0.80
W -HOUSE PLOTTING
f
24.00
f 48.00
f 24.00
IN44OUSE POSTAGE
TELEPHONE
FAX
7RAV ELILODGINGf PARKINGIFOOD
COURIERIFREIGHT
f 8,857.21
f 6.610.3
Expense Subtotal:
$ 43,23
S
POIR #Of
BUDGET,
At". Sit
CL
NETINVOK:E:
uvccraa5lwaoeenn eu�xacalrxmslr.5r..nda
• INVOICE
t SEP 2 9 2O06
„rx rnu r•srnrr 3300 Newport BouleVeN
- +N:... u..aw
n..x.a,avx rxaue
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INVOICE NUMBER: 122
INVOICE DATE: 873112008
M1YM.[nO.drYirYf.e p,
DESIGN DEVELOPMENT $
CLIENT NO: NEWPOI
$ - 30.00% $
JOB NUMBER: C -0627
C I B 2 L A
1,100.00
r M i
MaNum Lohr, Recreation Manager
Newport Coast Community Youth Center
Recreation & Senior Services Department
6401 San Joaquin Hills Road
City of Newport Beach
Newporl Coasl, CA 92657
„rx rnu r•srnrr 3300 Newport BouleVeN
- +N:... u..aw
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M1YM.[nO.drYirYf.e p,
DESIGN DEVELOPMENT $
4,100.00
$ - 30.00% $
1,230.00 $ 1.230.00
CONSTRUCTIONADMINISTRATIOt, $
1,100.00
$ - 0.00% E
E -
TOTALS $
6200-00
f $
1,230.00 a 1.2 .00
EXPENSES: ME $1,000]
MILEAGE
BINDERS
OUTSIDE REPROGRAPHICS
IN -HOUSE PLOTTING
IN-HOUSE POSTAGE
TELEPHONE
FAX
TRAVELILODGINGIPARXINGIFOOD
COURIERIFREIGHT
PO /R #(N
BUDGETi
$ 7.00 $ 7.00
s a -
s $
$ S 1,YE7.00
Expense Subtolal: $ 7.00
NET INVOICE: a 1.287.00
awccraaumneaex�mumws
INVOICE
EXPENSES: [NTE $1,000]
SEA 3 2008
MILEAGE $
ENTERED
-
BINDERS
_
INVOICE NUMBER: 93
INVOICE DATE: 7131/2008
OUTSIDE REPROGRAPHICS
$ 2.10
CLIENT NO: NEWP01
IN-HOUSE REPRODUCTION
JOB NUMBER: C-0817
C I B s L A
5 Y 5 1 E M 5
$ 24.00
$ 24.00
IN-HOUSE POSTAGE
Matthew Lohr, Recreation Manager
Newport Coast Community Center
TELEPHONE
Recreation & Senior Services Department
6401 San Joaquin Hills Road
FAX
City of Newport Beach
Newport Coast, CA 92657
1118 EAST 17 'STREET
3390 Newport Boulevard
SANTA AHA. C 92]01-2620
Newport Beach, CA 92663
714.480.0272 PHONE
114.180 • 0764 TAf51M11E
Period Ending 07/31/08
NET 30
W W W.CIl OlA3TSIEMS.COM
DESIGN DEVELOPMENT $ 5,700.00 $
70.00% $ 3,990.00 $ 3,990.00
CONSULTANT LABOR $ 5,310.00 $
- 52.64% $ 2,795.49 $ 2,795.49
TOTALS $ 11,010.00 $
$ 6,785.49 $ 6,785.49
EXPENSES: [NTE $1,000]
MILEAGE $
$ 38.62
$ 38.62
BINDERS
$ 7.00
$ 7.00
OUTSIDE REPROGRAPHICS
$ 2.10
$ 2.10
IN-HOUSE REPRODUCTION
IN-HOUSE PLOTTING
$ 24.00
$ 24.00
IN-HOUSE POSTAGE
TELEPHONE
FAX
TRAVE LILODGING/PARKING/FOOD
COURIER/FREIGHT
$
$ 6,857.21
Expense Subtotal:
$ 71.72
NET INVOICE:
$ 6,857.21
DATE:
PO/R #(If at
BUDGET((#:
AUTH. SIGs,
G14CCTGOLUNGOESIGN BB.UNGWC0817NmporiCo"tCommC4r.1As