HomeMy WebLinkAboutC-4498 - PSA for Printing of Oasis Quarterly Brochure0 -� #qqg
¢" PROFESSIONAL SERVICES AGREEMENT WITH
The NEWSONG MEDIA
FOR PRINTING OF OASIS QUARTERLY BROCHURE
THIS AGREEMENT is made and entered into as of this day of OUNA� ,
2010, by and between the CITY OF NEWPORT BEACH, a Municip I Corporation
( "City "), and the THE NEWSONG GROUP, LTD, a California corporation DBA
NEWSONG MEDIA, whose address is 1739 South Douglass Road, Suite L, Anaheim,
California, 92806 ( "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 publicize the news, events, and services available to the public
provided by the OASIS Senior Center.
C. City desires to engage Consultant to print and mail the monthly OASIS Senior
Center newsletter ( "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 Project, shall be Newsong
Media.
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:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 28th day of February, 2011, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3: TIME OF PERFORMANCE
Time is of the essence in the performance of services_ under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 Twenty Five Thousand One Hundred Forty Four and 75/100
($25,144.75) for 4000 to 6000 copies per month, 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:
NEWSONG MEDIA 2
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.
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 BRAD GRAMS 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 and Senior Services
Department. CELESTE JARDINE -HAUG 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.
NEWSONG MEDIA 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 ail 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.
NEWSONG MEDIA 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 any breach
of the terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The. policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
NEWSONG MEDIA 5
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.
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 City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance
for his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employers
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.
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:
L 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.
NEWSONG MEDIA 7
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except
after thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) written notice has been received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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.
21. 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.
22. 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.
NEWSONG MEDIA 9
23. 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.
24. 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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. 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.
27. 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:
NEWSONG MEDIA 10
Attn: Celeste Jardine -Haug
Recreation and Senior Services Department
OASIS Senior Center
800 Marguerite Ave
Newport Beach, CA, 92625
Phone: 949 - 644 -3247
Fax: 949 - 640 -7364
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Brad Grams
Newsong Media
1739 S. Douglass Road, Suite L
Anaheim, CA 92806
Phone: 714 - 726 -3610
Fax: 714- 704 -1733
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 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.
NEWSONG MEDIA 11
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.
36. 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.
NEWSONG MEDIA 12
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:
OFFICE OF THE CITY ATTORNEY
By/Assistant
e . uc amp City orney
CITY OF NEWPORT BEACH,
A Municipal Corporation
Qara Detweil Director
reation & Senior Services
ATTEST: CONSULTANT:
By: By:
Leilani Brown, Corporat i
City Clerk �"'j
Title: r /
Print Na e: L� 1�
.� By: CC'
1 �I FORS
(Financial Officer)
Title: ee
Print Name: / 1 ' / Cat-f-0-4L��
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance
Exhibit D - Business License
NEWSONG MEDIA 13
EXHIBIT A
SCOPE OF SERVICES
Newsong Media will print, collate, bind and provide bulk mail
services for the OASIS newsletter on a monthly basis. Postage
cost will be included in the invoice.
NEWSONG MEDIA 14
EXHIBIT B
BILLING RATES
Newsletter cost per unit is based on guantity produced each month
Unit quantities will vary based on membership numbers and will be determined on a
monthly basis. Estimated quantities are as follows:
The Unit rate will vary from .595 to .67 based on quantities.
March - August Print 4000 pieces @ .67 per month
Postage = .20375/3500 pieces per month = $20,481
September - February Print 6000 pieces @.595 per month,
Postage = .2037515500 pieces per month = $28,143.75
Sales Tax for the year = $600
The Friends of OASIS will share in the expense of the production and mailing of
the monthly newsletter.
Friends share is $1720 per month for four months
$2150 for 8 months
Total cost for the City of Newport Beach will not exceed
NEWSONG MEDIA 15
$24080 /year
$25,144.75.
Exhibit-- d,
ACORD. CERTIFICATE OF LIABILITY INSURANCE P1 DC
o1 -22 2010
PRODUCER
ELKINS -JONES INS AGCY INC /PHS
250993 P:(866)467-8730 F:(877)905-0457
PO BOX 33015
SAN ANTONIO TX 78265
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
/M1SURED
NEWSONG GROUP, INC. AND NEWSONG
MEDIA, INC.
1739 S. DOUGLASS RD. STE L
ANAHEIM CA 92806
INSURER A:Hartford CasualtV Ins Co
INSURER B:
INSURER C:
NSORER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MW
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TYPE OFi RANE
POCY NUMBER
PDLGYE£C E
DATE M Y
PLA:YEJRRAMN
DATE M Y
(µTS
AUTHOR EFRESENTAT VE
GENERAL LABR ?Y
77 R L L
EACH OCCURRENCE
s2,000,000
FIRE DAMAGE IAny one 11®1
5300,000
A
COMMERCIAL GENERAL LIABILITY
72 SBA KB3543
12/09/09
12/09/10
CLAIMS MADE rZ OCCUR
MED EXP (Any one person)
810 000
PERSONAL &ADV INJURY
s2,00-0,00-0-
X General Liab
GENERAL AGGREGATE
s4,000,000
GEN'L AGGREGATE
LIMIT APPLIES
PER:
PRODUCTS - COMP /OP AGG
o4,000,000
POUCY 7
FEET. IFY71
LOC
A
AVT0WOBRPLAB9,TY
ANY AUTO
72 SBA KB3543
12/09/09
12/09/10
COMBINED SINGLE LIMIT
IEa acdtlen0
s2�000, 000
BODILY INJURY
(Pe, pe,aonl
8
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
IPer attitlen0
s
HIRED AUTOS
NON -0WNED AUTOS
X
PROPERTY DAMAGE
(Pe, accid.M1
s
GARAGEUABRLTY
AUTO ONLY. EA ACCIDENT
S
OTHERTHAN EA ACC
5
P
ANY AUTO
$
s
AUTO ONLY: AGG
EACH OCCURRENCE
EXCESS 41AS91TY
OCCUR CLAIMS MADE
AGGREGATE
5
9
s
DEDUCTIBLE
$
RETENTION 8
WORKERS COMPENSA TION AND
WC STATUS OTH
£MPLOYERS'LMBRITY
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE
$
E L. DISEASE - POLICY LIMIT
9
OTHER
A
Professional
72 SBA KB3543
12/09/09
12/09/10
Limit: $2,000,000
Liability
DESCRMTRW OF OPERATKINSAOCA TTONSNEMCLES/EXCLUSIONS ADDED BY ENDORSEMENT/ AFCJAL PROVOS10N5
* see cover page for additional text
CERTIFICATE HOLDER I X I ADW710NA1 fNSUREO; INSURER LETTER: A CANCELLATION
ACORD 25 -S (7/97) 0 ACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE (10 DAYS FOR NON - PAYMENT) TO THE CERTIFICATE
The City of Newport Beach
3300 NEWPORT BLVD
HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
NEWPORT BEACH, CA 92663
AUTHOR EFRESENTAT VE
77 R L L
ACORD 25 -S (7/97) 0 ACORD CORPORATION 1988
ELKINS -JONES INS AGCY INC /PHS
PO BOX 33015
SAN ANTONIO TX, 78265
The City of Newport Beach
3300 NEWPORT BLVD
NEWPORT BEACH. CA 92663
Additional Certholder Text
The City, its elected or appointed officers, officials, employees, agents, and
volunteers are named additional insureds with respect to liability arising out of
work performed by or on behalf of the contractor. This policy shall be considered
primary insurance as respects to the 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 contractors operations or
services provided to city. Any insurance maintained by city shall be considered
excess insurance only and not contributory with the insurance provided here under.
This insurance shall act for each insured as though a separate policy had been
written for each, except with respect to the limits of liability of the insuring
company. The insurer waives all rights of subrogation against city, it's elected
officers, officials, employees, agents, and volunteers per the business liability
coverage form ss0008 (attached).
ACORD 25 -S (7/97)
Oust
Encompass Detail
ACCL Type: ; Busirress Tae
License #: -----------
Bus. ID: "_""'-I
Name:
PEWSQNG MEDIA
Owner Name:
GRAMS, BRAD
Owner Phone:
-" """ ---
Owner Type:
C
Exp. Date:
1131/2011
S Addy:'
__-___.__-
S Addy 2:
Addr3:--,
Zip:
"'"l
B Addrl:
1739 S DOUGLASS RD #L
B Add2:
B Addr3:
ANAHEIM, CA
B Zip:
92806
Phone:
714-726-3610
FEIN:
Established:
X1/112010
SIC:
2752 -COMMERCIAL PRINTING, LITHOGRAP
Owner #:
------.1
# of Emps:
0
usr1:
us2:
usr3:
PRINTING OF BROCHURE
usr4:
usr5:
usr6:
"."""--1
usr7:
Emergency Contact Info
Contact: BRAD GRAMS
Phone:
Page 1 of 1
Exhibit .b
http://apps.cityneLnewportbeachea.gov/masterid/ENC_detait.asp?EID=BT30030588 02/24/2010