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HomeMy WebLinkAboutC-4427 - PSA for Municipal Services Statement Water Conservation Insert (Campaign - 2010)-a 0 Capital Projects and Contracts Administration Contract Encumbrance Project Title: Water Conservation Insert Campaign - 201 Vendor Name Vendor Address Phone Fax Description of Services MV Print Solutions 23531 Ridge Route dr. #A Laguna Hills, ca 92653 949.598.9610 949.598.9697 Design/ print and drop ship to Infosend for billing inserts from Jan - 2010 -Dec 2010 Additional Water Cons. Insterts - Series of 6 print Comments: ads inserted monthly (2010) to NB Project Manager: S. Burckle Date: 11/16/2009 Vendor Number: Business License #: Federal ID #: N/A 20- 5294189 Project, Contingencies and Retentions Fund Division Project Number & Title I Amount Available Balance 5500 8303 Water Conservation Insert Campaign - 2010 $15,144.00 $100,000.00 Total: $15,144.00 Project Manager Signature Dept Authorization Administrative Services Department Authorization: I ._ Date: 11/16/2009 Date: I f b 105 Updated 07/2008 PROFESSIONAL SERVICES AGREEMENT WITH MV PRINT SOLUTIONS FOR: Municipal Services Statement Water Conservation Insert THIS AGREEMENT is made and entered into as of this 9th day of November, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MV PRINT SOLUTIONS, INC. a California Corporation whose address is 23531 Ridge Route Dr Ste A, Laguna Hills California, 92653 ( "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 create a water conservation awareness campaign designing and printing municipal service statement inserts. C. City desires to engage Consultant to design, print and drop-ship municipal bill inserts for 2010 ( "Water Conservation Municipal Bill Inserts 2010 "), ( "Project "). 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 this project shall be Aaron Fry. 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 30th day of November, 2010, 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 0 0 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 Fifteen Thousand One Hundred Forty Four Dollars and no /100 ($15,144.00) 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 FA 5. Q 0 0 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 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 B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Protect. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated AARON FRY 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. ADMINISTRATION This Agreement will be administered by the City Manager's Office. SHANE BURCKLE 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. 3 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. 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. S. 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. 4 • • 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 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 there 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. 5 0 12. CITY POLICY 0 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. 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 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization 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. 6 • • 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 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 7 9 0 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 borne 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. 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: Shane Burckle Code and Water Quality Division City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 8 • • Phone: 949 - 644 -3214 Fax: 949 - 718 -1840 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Aaron Fry 23531 Ridae Route Dr. #A Laguna Hills CA 92653 Phone: 949- 598 -9610 Fax: 949- 598 -9697 26. TERMfNATION 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. 27. 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. 28. 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 9 0 0 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. 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. 30. 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. 31. 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. 32. 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. 33. SEVERABILITY gill 35 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. 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. 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. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: Deputy City Attorney Kyle Rowen ATTEST: By: _4 % 9, Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Munici all Corporation By: Assistant City Manager Sharon Wood CONSULTANT: (Corporate icer) Title: Assistant Vice President Print Name: Aaron Fry 41, (Financial Officer) Title: Asst. CFO Print Name: Gina Marie Balint Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORM — Professional Service Agreement.doc Rev: 03.05.09 11 �ao� Pr Printing _.. inc: x;531 It itlec Roulc ihivC. Suilc A. Laguna Hills. ('A 9265} Phniu (949) ,M -9610 • Fay (949) 59R 9697 To: Shane Burckle Date: Company: City of Newport Beach From: 0 EXHIBIT A November 6, 2009 Aaron Fry PROJECT 1 - To be delivered January 1, 2010 to InfoSend, Inc. (fulfillment house) Design and Layout: MV Printing Solutions, Inc. (hereinafter "MV Printing ") is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed." PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, final high - resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. "If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30,000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 112" x 8 112 ". Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project in boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on January 1, 2010. November 6, 2009 Page 1 of 6 PROJECT 2 - To be delivered March 1, 2010 to InfoSend, Inc. (fulfillment house). Design and Layout: MV Printing Solutions is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed.* PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, a final high - resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. *If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30,000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 112" x 8 112 Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project in boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on March 1, 2010. November 6, 2009 Page 2 of 6 0 0 PROJECT 3 - To be delivered May 1, 2010 to InfoSend, Inc. (fulfillment house). Design and Layout: MV Printing Solutions is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed.' PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, a final high - resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. 'If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30,000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 112" x 8 1/2 ". Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project in boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on May 1, 2010. November 6, 2009 Page 3 of 6 PROJECT 4 - To be delivered July 1, 2010 to InfoSend, Inc. (fulfillment house). Design and Layout: MV Printing Solutions is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed." PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, a final high- resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. "If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30,000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 1l2" x 8 112 ". Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project In boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on July 1, 2010. November 6, 2009 Page 4 of 6 0 0 PROJECT 5 - To be delivered September 1, 2010 to InfoSend, Inc. (fulfillment house). Design and Layout: MV Printing Solutions is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed." PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, a final high - resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. 'If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30.000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 112" x 8 1/2". Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project in boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on September 1, 2010. November 6. 2009 Page 5 of 6 0 0 PROJECT 6 - To be delivered November 1, 2010 to InfoSend, Inc. (fulfillment house). Design and Layout: MV Printing Solutions is to be provided text, basic design direction or concept and any logos or artwork needed. MV Printing is to provide typesetting, layout, some photo touchup (if needed) and final design. Possible purchase of stock photography can be provided if needed.* PDF proofs will be provided to Project Manager for design and layout approval. If any changes are needed, these minor changes will be made promptly by MV Printing and a new PDF proof will be sent. Approval of design needs to be made eight business days prior to project completion. Upon approval of content and design, a final high - resolution proof will be provided to Project Manager seven business days prior to project completion date. Approved and signed proof must be returned to MV Printing from Project Manager within five to seven business days in order for the job to be completed on time. "If stock photos need to be purchased, a price will be presented to the Project Manager for approval. Production: Once the final proof is signed and approved, production will proceed. This project is to be printed on 100# Gloss Text paper. It will be printed using four -color process inks on both sides of the paper, plus an overall gloss aqueous coating on both sides. Quantity will be 30,000. Printing will be done on a sheet -fed press for best overall quality and control. Final size of piece is to be 3 1/2" x 8 1/2 ". Finished pieces will be boxed with quantity and name labeled clearly on outside of boxes. Delivery: MV Printing will deliver completed project in boxes to fulfillment house InfoSend at 1041 S. Placentia Avenue, Fullerton, CA 92831 -5105 on November 1, 2010. November 6, 2009 Page 6 of 6 H I,.VRLti VLI %11. PRODUCER 949. 348. 7400 FAX 9 Insurance Solutions License #0746539 26522 La Alameda, Suite 190 Mission Viejo, CA 92691 INSURED MV PRINTING SOLUTIONS INC 23531 RIDGE ROUTE DR STE A LACUNA HILLS, CA 92653 -1504 COVERAGES 1" VI LIALJILI I 1 11• I%P019VL 8.2373 THIS CERTIFICAT IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AM: ALTER THE COVERAGE AFFORDED BY THE INSURERS AFFORDING COVERAGE INSURER AInco Insurance Co INSURERS United Financial Casualty Co INSI IRI: R C INSURER O INSURER E 11/19/2009 ITIFICATE EXTEND OR DIES BELOW. NAIC # 19100 11770 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMHNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CCNDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lADO'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LtR INSRO DATE MMIDDIYYYY DATE MMIDmYYyv V VMITS ACP7832266995 0 06/15/2009 06/15/2010 L LAULOCCURRENCI s 2,000,00' X iCOMMERCIAL GFNEItnI LIAEILtIY D DAMAGETORENTI +D PREMISES ( 'CLAIMS MAUL I X� OCCUR � N (Ea nt-cv «enCO I A ' I I,-RSONAL & ADV NARY $ 2,000,001 CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THEISSUING INSURER WILL ENDEAVOR TO MAIL 1030_ OAVSWRITTEN City of Newport Beach NOTICE TD THECERTICICATE HOLDER NAMED TO THE LEFT, BUT FAILURF TO DO SO SHAI 1 Attn: Shane Burckle IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Boulevard REPRESENTATIVES Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Tony Alessandra /THERES ACORD 25 (2009101) FAX: 949. 718. 1840 © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 Workers Compensation and Employers Liability Insurance Policy Information Pape A Slow InWrance Cornpany corporaln orfirr:s san Oioan, CA Cann Ct Ie' Ie900 Policy Number WKN 1319314 0 Prefege,d ECf1 I N .S 11 W It A N C F. c n At P A N 1 Renewal of : INKN 1319313 FFtiN. 65 1281573 1. The Insured Name & Mailing Address: M V PRINTING SOLU I IONS (dba) 23531 RIDGE ROUTE DRIVE Type of Entity: Corporation a..A.. LAOUNA HILLS, CA 92653 Other Insured Names/Workplaces not shown above: See attached schedule" 2. Policy Period: This policy is effective from 07/12/09 to 07112110 12:01 A M. 3. Coverage: A Workers Compensation Insurance: Part One on the policy applies to Workers Compensation Law of the state(s) listed here: California B. Employers Liability Insurance : Part Two of the policy applies to work In each state listed in Item 3 The limits of our liability under Part Two are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1.000,000 policy limit. Bodily Injury ny Disease $ 1.000,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, If any, listed here NONE. D Endorsements, and schedules included with this policy: PEI101, P17002, PE1107, PEll10, PEI111, PE1119, PE1127, PE1128, PE1201, PIN049901C. PN049902B, WC040104, WC040416, WC040421 4. Premium: The premium for this policy will be determined by our manuals of rules, classifications, rates ano rating plans. All information required below Is subject to verification and change by audil. See Classification and Rating Schedule Minimum Premium: $ 750 Billing: Direct Premium Adjustment Period: Annual with 4 mo. check Produce: P I A S C INSURANCE SERVICES, INC. 5800 SOUTH EASTERN AVE , SUITE 400 LOS ANGELES, CA 90040 (323) 728 9500 Issue Date. 05/26/09 at SAN DIEGO . CA PE, I00 ONC I.9H Total Estimated Policy Premium: $ 5,629 Deposit Premium. $ 1,690 Atdhori7ed Representative Cl Workers Compensation and Employers Liability Inswance Policy Information Page Policy Nlunber WKN'31931.4 F-1 Preferred Errs;1rt yens I N s 11 8 1 R C f C O M P �' N Y Classification and Rating Schedule Estimated Class Code vescripli oil _._._....— ..._.. _ Payroli _ R.;r ,c Premium 4299 1 PRINTING OPERATION -ALL OTHER 109,533 4.69 $5.137 EMPLOYEES INCLUDING COUNTERPERSONS AND DRIVERS AND THEIR HELPERS 8813 1 PRINTING OPFRATION--EDITING, 68,887 D.78 $537 DESIGNING, PROOFREADING, AND PHOTOGRAPHIC COMPOSING -- INCLUDING CLERICAL OFFICE EMPLOYEES 8742 5 PRINTING 601417 0.7 9 $477 OPERATION SALESPERSONS- OUTSIDE. SCHCDULE RATING 0 900 $.615 I> RRORISM RISK INSURANCE ACT 0.039 $93 CA FRAUD ASSESSMENT 0.0039560 $22 CA WCARF ASSESSMENT 0.0135830 $75 CIGA SURCHARGE 0.0200000 $113 CA UEBTFASSESSMENT 0.0022410 $t2 CA S:B IF ASSESSMENT 0.0008270 $S CA OSIIF ASSESSMENT 0.0011850 $7 total Policy Amount $5,863 Authorizeo Representative WEI101 owovgn i Workers Cornpensation and Employers Liability PN r:eti fer red iTS� .... ...... .19 insurance Policy n,iprmaa0n nape . 1. a 4 �....e.,.i:.�S .. M P 1 N Y Policy Numoe, WKN 1319314 Insured Name /Workplace Schedule Entdv PFI 10? NMI I ign M V PRINTING SOLUTIONS, INC Authorized Rowesentaove