Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
13-088 Mimi Braatz and Associates Agreement, Consultant services for reuseable bag outreach program, 1st Amendment
/ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 S•c.i94. TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO July 24, 2013 Mimi Braatz & Associates 651 Willow Glen Way San Jose, CA 95125 RE: Agreement Enclosed for your records is a fully executed original copy of the first amendment to your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, ID4QA-0'$,47&-et,et Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MIMI BRAATZ& ASSOCIATES FOR Reusable Bag Ordinance Outreach Program This First Amendment to the Consu;',tant Services Agreement between the City of Cupertino an Mimi Braatz &Associates, for reference dated June 19, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and MIMI BRAATZ & ASSOCIATES, a California corporation, whose address is 651 Willow Glen Way San Jose, CA 95125, (hereinafter "Consultant"), and is made with reference to the following: RECITALS: A. On June 19, 2013, an agreement was entered into by and between City and Consultant (hereinafter "Agreement"). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW,THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 4 of the Agreement is modified to read as follows: 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed thirteen thousand two hundred forty five dollars ($13,245.00). The rates of payment are set out in Exhibit C,titled"Compensation", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase(TASK), clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 2. The following Exhibits to the Agreement are amended and replaced to read as shown in the attachments to this Amendment: a. Exhibit"A"- Scope of Services b. Exhibit"B"- Schedule of Performance c. Exhibit"C"-Compensation Page 1 of 10 Amendment 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. P.O.No.: 00058091 IN WITNESS WHEREOF, the parties hereto have caused this amendment to the Agreement to be executed. Mimi Braatz and Associates CITY OF CUPERTINO A Corporation A Municipal Corporation ± By %.AID. al IA& Fs Mimi : aatz IP UP Ti ord n, i ector of Public Works Title Princi al Date 7/1 7/ ( 3 Date 7 17/L3 Tax I.D. No.: 770 216 745 APPROVED AS TO FORM: Address: 651 Willow Glen Way San Jose, CA 95125 L/ �, I Carol Korade, ity Attorne et% ATTEST: viett,....e__,,, ,k;At Grace Schmidt, City Clerk Contract Amount: $13,245 Account No. : 520-8003-7103 Page 2 of 10 Amendment EXHIBIT A SCOPE OF SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to the Reusable Bag Ordinance Campaign for the City of Cupertino. SECTION 1. GENERAL A. General PROJECT Description:The PROJECT involves developing educational outreach and guidance for retailers to use in notifying shoppers about the City- required charge for recycled paper shopping bags and ban on thin plastic shopping bags. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof,including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Environmental Programs Manager of the Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY's Director of Public Works or his/her authorized designee(hereinafter collectively"CITY")only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors,as needed or as directed by the CITY. CONSULTANT shall schedule meeting and prepare meeting agendas for all PROJECT meetings during the design phase under the scope of work. CONSULTANT shall coordinate all responses to comments through the CITY. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. The team members shall include Mimi Braatz as CONSULTANT's Principal-in-charge for the duration of the PROJECT and Jill McCoy as CONSULTANT's Associate. CONSULTANT shall not substitute any team members without the prior approval of the CITY. 5. CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B,may be adjusted by mutual agreement. 6. CONSULTANT shall manage•its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY,research applicable design criteria,and communicate with members of the PROJECT team. Page 3of10 Amendment 7. When the CITY determines that the PROJECT requirements have been sufficiently identified,CONSULTANT shall prepare and update a PROJECT schedule for the CITY at the beginning of each TASK as defined in SECTION 2- "TASK" of this EXHIBIT A. The PROJECT schedule shall identify milestone dates for decisions required of the CITY, design services furnished by CONSULTANT and CONS'ULTANT'S SUBCONSULTANTS,dates of reviews and approvals required by all governmental agencies that have jurisdiction over the PROJECT, deliverables to be furnished by CONSULTANT, completion of documentation provided by CONSULTANT, commencement of printing and substantial completion of the PROJECT, and as identified in the exhibits under this AGREEMENT. 8. CONSULTANT shall submit proofs of deliverables to the CITY, according to SECTION 1—"TASKS",of this EXHIBIT A for purposes of evaluation and approval by the CITY. The CITY including the Environmental Programs Division of the Department of Public Works will review the proofs and revisions. CONSULTANT will meet with the CITY for progress review at various stages of the PROJECT. CONSULTANT will be responsible for causing the appropriate SUBCONSULTANT(S) to attend any meetings included in this SCOPE OF SERVICES. CONSULTANT shall make revisions to the deliverables as required for each TASK in a timely manner. 9. CONSULTANT shall assist the CITY, as requested by the CITY,in connection with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. 10. CONSULTANT shall attend the PROJECT Kick-Off Meeting. This meeting shall introduce team members,establish routes of communication, and discuss the participants'roles,responsibilities, and authority. SECTION 2. TASKS TASK#1:Design,production,coordination,and development of graphic image to brand the campaign and six kit items and provide hardcopy proofs to the City. CONSULTANT will perform the design, production, coordination,and development of graphic image to brand the campaign for six kit items:Parking Lot Signs, Cart Corral Signs, Window/Door Sign, Cashier tent cards,Referral Pad for Questions and CITY's 4-page letter- sized handout.Project coordination includes meetings,emails/calls, production supervision, and field research. CONSULTANT will adjust layout of 4 letter-sized handouts,which the CITY will print in-house. ($4,074.00) TASK#2:Print Parking Lot Signs CONSULTANT will print the parking lot signs with the following parameters: 4 color;24" x 18",2-sided,with 10 x 30 H stake Stock:4 mm,white biodegradable&recyclable corrugated plastic Turn around—3-5 working days after approval of final proofs. Page 4 of 10 Amendment QTY 75 Printing:2 sided:$1,356+$118.65 tax=$1,474.65 TASK#3:Print Cart Corral Signs CONSULTANT will print cart corral signs with the following parameters: 9"x 12"/12"x 9";Same graphics as parking lot:signs Stock:4 mm,white biodegradable&recyclable corrugated plastic Turn around—3-5 working days after approval of final proofs. Method of attaching-zip tie&2 grommet holes;placement TBD QTY 45 Printing: 1-sided:$483+$42.26 tax=$525.26 TASK#4:Print Window/Door Signs CONSULTANT will print window/door signs with the following parameters: 11 x 81/2,4 c-double sided;attached with tape by retailer Stock:Classic Crest 100%Recycled digital cover,bright white Turn around—3-5 working days after approval of final proofs. QTY 325 Printing:$211 +$18.46 tax=$229.46 TASK#5:Print Cashier Tent Cards CONSULTANT will print cashier tent cards with the following parameters: 4 c-1 sided-5.5"w x 12.75" flat;three scores&2 perpendicular slits Stock:Classic Crest 100%Recycled,digital cover,bright white, gloss finish Turn around—5-7 working days after approval of final proofs. QTY 325 Printing:$642+$56.18 tax=$698.18 TASK#6:Print Referral Pad for Questions CONSULTANT will print referral pads with the following parameters: 3.5 x 8.5,Printed on one side only, gummed at top Stock:80#Classic Crest Text Digital 100%Recycled,bright white Turn around—3-5 working days after approval of final proofs. QTY 50 pads with chipboard backer of 50 sheets each(3.5"high) Printing:$478+$41.83 tax=$519.83 TASK#7:Deliver kit items Finished project TASKs will be delivered by CONSULTANT to the CITY for a fee of$150. Page 5 of 10 Amendment TASK#8:Design,production,coordination,and development of graphic image consistent with established campaign brand for two resident kit items;provide hardcopy proofs to the City. CONSULTANT will perform the design, production, coordination, and development of graphic image consistent with established campaign brand for two resident kit items: Recology invoice insert and two-sided street banner. Project coordination includes meetings, emails/calls, and production supervision. Total not to exceed$835 TASK#9:Print Recology Invoice Inserts CONSULTANT will print Recology Invoice Inserts with the following parameters: 1-sided, 4-c, 8" x 3.5" Stock: 80# matte Book Recycled Turn around-5-7 working days after approval of final proofs Hard copy proof QTY: 20,000-$1,086+$95.03 tax_$1,181.03 Shipping fee to Napa: $65 TOTAL:not to exceed$1,246 TASK#10:Print Two-Sided Street Banner CONSULTANT will print two-sided street banner with the following parameters: 32' w x 3' high;4/4 color UV Digital; 15 oz 2-sded block-out vinyl banner;trim,hem with reinforced 4" webbing; #3 nickel grommets every 2' at top only, pole pocket @ bottom for 2.5" diameter pole, 2 batten pockets w/lapped closure @ top with Velcro flap;wind slits. Hard copy proof-reduced size/one off. Turn around-5-7 working days after approval of final proofs. Cost: $1,727.88+$151.19 tax =$1,879.07 100' ft 5/8" x 500' solid braided nylon rope -$98+$8.58 tax =$106.58 Delivery: $78 TOTAL:not to exceed$2,064 Page 6 of 10 Amendment EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work on the Retailer's Kit by July 12,2013. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project.The CITY may approve in writing the extension of any milestone date set in this Exhibit. TASK#1 Design,production, coordination, and development 5 business days after signing of graphic image to brand the campaign for six kit the agreement items.Adjust layout of 4-page letter size CITY handout. Submit hardcopy proofs. TASK#2 Print Parking Lot Signs 3-7 business days after _ approval of proof TASK#3 Print Cart Corral Signs 3-7 business days after approval of proof TASK#4 Print Window/Door Signs 3-7 business days after _ approval of proof TASK#5 Print Cashier Tent Cards 3-7 business days after _ approval of proof TASK#6 Print Referral Pad for Questions 3-7 business days after _ approval of proof TASK#7 Deliver kit items 3-7 business days after _ approval of proof TASK#8 Design,production,coordination, and development 5 business days after signing of graphic image consistent with established the first amendment campaign brand for two resident kit items;provide hardcopy proofs to the City. TASK#9 Print Recology Invoice Inserts 3-7 business days after approval of proof TASK#10 Print Two-Sided Street Banner 3-7 business days after approval of proof Page 7 of l0 Amendment EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT for the services described in Exhibit A of this Agreement,including both payment for professional services and reimbursable expenses, shall not exceed eleven thousand eight hundred seventeen dollars ($11,817.00) . Additional Services,if authorized, shall not exceed ONE THOUSAND FOUR HUNDRED TWENTY- EIGHT DOLLARS($1,428), for a total contract amount not to exceed THIRTEEN THOUSAND TWO HUNDRED FORTY FIVE DOLLARS($13,245). B. Method of Payment CONSULTANT shall, during the term of this AGREEMENT,invoice the CITY monthly based upon the completion of each TASK set Forth below in the Payment Schedule(Schedule D below)for services performed, and reimbursable expenses incurred if applicable,in completing that TASK under this AGREEMENT. (Hereinafter"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY,the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty(30) working days of receipt of the Invoice. The Invoice shall be based on the TASKs completed, and it shall describe the topics and TASKs completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the 13udget Schedule and Payment Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: TASK TASK Description Compensation TASK#1: Design, production, coordination,and development of $4074 graphic image to brand the campaign, for six kit items.Adjust Page 8 of 10 Amendment layout of 4 letter-sized handouts for client to print in-house TASK#2: Print Parking Lot Signs $1,474.65 TASK#3: Print Cart Corral Signs $525.26 TASK#4: Print Window/Door Signs $229.46 TASK#5: Print Cashier Tent Cards $698.18 TASK#6: Print Referral Pad for Questions $519.83 TASK#7: Deliver kit items $150.00 TASK#8: Design,production,coordination, and development of graphic image consistent with established campaign brand for two resident kit items;provide hardcopy proofs to the City. $835.00 TASK#9: Print Recology Invoice Inserts $1,246.00 TASK#10: Print Two-Sided Street Banner $2,064.00 Additional Services(includes high resolution stock photo($55) and hard copy proofs($94) $1,428.00 NOT TO EXCEED TOTAL $13,245.00 CONSULTANT shall not exceed any of the specified budget amounts for any TASK without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the TASKs listed above (excluding additional services, which must be approved as described in Section E below)provided the total AGREEMENT amount does not exceed THIRTEEN THOUSAND TWO HUNDRED FORTY FIVE DOLLARS($13,245). Page 9 of 10 Amendment D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: Percent of TASK TASK compensation to be paid upon completion TASK#1: Design,production,coordination, and development of 100% graphic image to brand the campaign,for six kit items.Submit hardcopy proofs. TASK#2: Print Parking Lot Signs 100% TASK#3: Print Cart Corral Signs 100% TASK#4: Print Window/Door Signs 100% TASK#5: Print Cashier Tent Cards 100% TASK#6: Print Referral Pad for Questions 100% TASK#7: Deliver kit items 100% ADD'L SVC Additional Services, if needed and as authorized by CITY 100% (Includes high resolution stock photo($55) and hard copy proofs ($94)) TASK#8: Design,production,coordination,and development of 100% graphic image consistent with established campaign brand for two resident kit items;provide hardcopy proofs to the City. TASK#9: Print Recology Invoice Inserts 100% TASK#10: Print Two-Sided Street Banner 100% NOT TO EXCEED TOTAL $11,817.00 E. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY.Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis,as authorized by the CITY. The CITY has set aside the sum of ONE THOUSAND FOUR HUNDRED TWENTY-EIGHT DOLLARS($1,428) for the payment of Additional Services.The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. Page 10 of 10 Amendment / OFFICE OF THE CITY CLERK illk CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 �4c.r9s. TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO June 25, 2013 Mimi Braatz & Associates 651 Willow Glen Way San Jose, CA 95125 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, 0 • . Ii II Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND Mimi Braatz & ociates FOR CONSULTANT SERVICES FOR Reusable Bag Ordinance } I Outreach Program ,� G � j / V/�.S THIS AGREEMENT, for reference dated June19, 2013, is by and between ITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and MIMI BRAATZ AND ASSOCIATES, a California corporation, whose address is 651 Willow Glen Way San Tose, CA 95125 (hereinafter referred to as "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 Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire 1:o enter into an agreement for the City's Reusable Bag Ordinance Outreach Campaign upon the terms and conditions herein. 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 date this agreement is executed and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit C, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed $8,600.00 Dollars. The rate of payment is set out in Exhibit B, titled "Compensation", which is attached hereto and incorporated Page 1 of 10 Consultant Agreement herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase (TASK), clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. 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 express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a Page 2 of 10 Consultant Agreement material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Cheri Donnelly, Environmental Programs Manager, Public Works Department, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Mimi Braatz. 11. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Page 3 of 10 Consultant Agreement A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an Page 4 of 10 Consultant Agreement additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. 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, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. Page 5 of 10 Consultant Agreement 17. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or Page 6 of 10 Consultant Agreement failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Cheri Donnelly All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Mimi Braatz, Mimi Braatz & Associates 651 Willow Glen Way San Jose, CA 95125 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the Page 7 of 10 Consultant Agreement parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City 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. 22. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of Page 8 of 10 Consultant Agreement P.O. No.: "22)..C. v 5 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. Mimi Braatz and Associates CITY OF CUPERTINO A Co •Qration A Municipal Corporation • mi raatz , Timm Borden, Director of Public Works Title Principal Date G11 g//3 Date di,(Ad (`7', 74/ APPROVED AS TO FORM: Address: 651 Willow Glen Way San Tose, CA 95125 C of Korade, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $8,600 Account No. : 520-8003-7103 C7/rSL//3 Page 10 of 10 Consultant Agreement EXHIBIT A SCOPE OF SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to the Reusable Bag Ordinance Campaign for the City of Cupertino. SECTION 1. GENERAL A. General PROJECT Description:The PROJECT involves developing educational outreach and guidance for retailers to use in notifying shoppers about the City-required charge for recycled paper shopping bags and ban on thin plastic shopping bags. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof,including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Environmental Programs Manager of the Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY's Director of Public Works or his/her authorized designee(hereinafter collectively "CITY") only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meeting and prepare meeting agendas for all PROJECT meetings during the design phase under the scope of work. CONSULTANT shall coordinate all responses to comments through the CITY. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. The team members shall include Mimi Braatz as CONSULTANT's Principal-in- charge for the duration of the PROJECT and Jill McCoy as CONSULTANT's Associate. CONSULTANT shall not substitute any team members without the prior approval of the CITY. 5. CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be adjusted by mutual agreement. 6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable design criteria, and communicate with members of the PROJECT team. 7. When the CITY determines that the PROJECT requirements have been sufficiently identified, CONSULTANT shall prepare and update a PROJECT schedule for the CITY at the beginn ng of each TASK as defined in SECTION 2- Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits "TASK" of this EXHIBIT A. The PROJECT schedule shall identify milestone dates for decisions required of the CITY, design services furnished by CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews and approvals required by all governmental agencies that have jurisdiction over the PROJECT, deliverables to be furnished by CONSULTANT,completion of documentation provided by CONSULTANT, commencement of printing and substantial completion of the PROJECT, and as identified in the exhibits under this AGREEMENT. 8. CONSULTANT shall submit proofs of deliverables to the CITY, according to SECTION 1 —"TASKS", of this EXHIBIT A for purposes of evaluation and approval by the CITY. The CITY including the Environmental Programs Division of the Department of Public Works will review the proofs and revisions. CONSULTANT will meet with the CITY for progress review at various stages of the PROJECT. CONSULTANT will be responsible for causing the appropriate SUBCONSULTANT(S) to attend any meetings included in this SCOPE OF SERVICES. CONSULTANT shall make revisions to the deliverables as required for each TASK in a timely manner. 9. CONSULTANT shall assist the CITY, as requested by the CITY, in connection with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. 10. CONSULTANT shall attend the PROJECT Kick-Off Meeting. This meeting shall introduce team members, establish routes of communication,and discuss the participants'roles,responsibilities, and authority. C. Estimate of Probable Project Cost: CONSULTANT shall be responsible to design the PROJECT and provide an Estimate of Probable Project Cost consistent with the following procedures and requirements. 1. The Project Budget shall be provided by the CONSULTANT as a summary sheet with submittal of each required Estimate of Probable Project Cost, showing comparisons of cost evolution for the PROJECT. CONSULTANT shall advise the CITY in writing of any adjustments to previous Estimates of Probable Project Cost indicated by changes in PROJECT requirements or general market conditions. SECTION 2. TASKs TASK #1: Design,production, coordination, and development of graphic image to brand the campaign and six kit items and provide hardcopy proofs to the City. CONSULTANT will perform the design,production, coordination, and development of graphic image to brand the campaign for six kit items:Parking Lot Signs, Cart Corral Signs, Window/Door Sign, Cashier tent cards, Referral Pad for Questions and CITY's 4-page letter- sized handout. Project coordination includes meetings, emails/calls, production supervision, and field research. CONSULTANT will adjust layout of 4 letter-sized handouts, which the CITY will print in-house. ($4,074.00) Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits TASK#2: Print Parking Lot Signs CONSULTANT will print the parking lot signs with the following parameters: 4 color;24" x 18", 2-sided, with 10 x 30 H stake Stock: 4 mm, white biodegradable&recyclable corrugated plastic Turn around—3-5 working days after approval of final proofs. QTY 75 Printing: 2 sided: $1,356+$118.65 tax=$1,474.65 TASK#3: Print Cart Corral Signs CONSULTANT will print cart corral signs with the following parameters: 9"x 12"/12"x 9";Same graphics as parking lot signs Stock:4 mm, white biodegradable&recyclable corrugated plastic Turn around—3-5 working days after approval of final proofs. Method of attaching- zip tie&2 grommet holes;placement TBD QTY 45 Printing: 1-sided: $483+$42.26 tax=$525.26 TASK#4: Print Window/Door Signs CONSULTANT will print window/door signs with the following parameters: 11 x 8 1/2, 4 c- double sided; attached with tape by retailer Stock: Classic Crest 100%Recycled digital cover, bright white Turn around—3-5 working days after approval of final proofs. QTY 325 Printing: $211 +$18.46 tax=$229.46 TASK#5: Print Cashier Tent Cards CONSULTANT will print cashier tent cards with the following parameters: 4 c- 1 sided-5.5"w x 12.75" flat; three scores &2 perpendicular slits Stock: Classic Crest 100%Recycled, digital cover,bright white, gloss finish Turn around—5-7 working days after approval of final proofs. QTY 325 Printing: $642+ $56.18 tax=$698.18 TASK#6: Print Referral Pad for Questions CONSULTANT will print referral pads with the following parameters: 3.5 x 8.5, Printed on one side only, gummed at top Stock: 80# Classic Crest Text Digital 100%Recycled, bright white Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits Turn around-3-5 working days after approval of final proofs. QTY 50 pads with chipboard backer of 50 sheets each (3.5" high) Printing: $478+$41.83 tax=$519.83 TASK#7: Deliver kit items Finished project TASKs will be delivered by CONSULTANT to the CITY for a fee of$150. ADDITIONAL SERVICES Consultant Services beyond the work in these TASKs may be provided by CONSULTANT as Additional Services only if such Additional Services are authorized in writing by the CITY in advance. 1. Additional services may be paid for upfront for eventual revisions to deliverable designs.A fee of$928 will be applied to the estimate of project cost for high resolution stock photo ($55) and for hard copy proofs($94) in addition to potential changes or additions after hard copy proofs are reviewed. Additional services may be used only with prior notice/authorization by City. Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work on the Retailer's Kit by July 12, 2013. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any milestone date set in this Exhibit. TASK#1 Design, production, coordination, and development 5 business days after signing of graphic image to brand the campaign for six kit the agreement items. Adjust layout of 4-page letter size CITY handout. Submit hardcopy proofs. TASK#2 Print Parking Lot Signs 3-7 business days after approval of proof TASK#3 Print Cart Corral Signs 3-7 business days after _ approval of proof TASK#4 Print Window/Door Signs 3-7 business days after approval of proof TASK #5 Print Cashier Tent Cards 3-7 business days after approval of proof TASK#6 Print Referral Pad for Questions 3-7 business days after _ approval of proof TASK#7 Deliver kit items 3-7 business days after approval of proof EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional services and reimbursable expenses, shall not exceed EIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional services required pursuant to Section 2, TASKs. The maximum amount of Additional Services are authorized under Section G of this EXHIBIT C is NINE HUNDRED TWENTY-EIGHT DOLLARS ($928). Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits B. Method of Payment For TASK Nos. 1 through 7 CONSULTANT shall, during the term of this AGREEMENT, invoice the CITY monthly based upon the completion of each TASK set forth below in the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses incurred if applicable, in completing that TASK under this AGREEMENT. (Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty(30)working days of receipt of the Invoice. The Invoice shall be based on the TASKs completed, and it shall describe the topics and TASKs completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: TASK TASK Description Compensation TASK#1: Design, production,coordination, and development of $4074 graphic image to brand the campaign, for six kit items. Adjust layout of 4 letter-sized handouts for client to print in-house TASK #2: Print Parking Lot Signs $1,474.65 TASK#3: Print Cart Corral Signs $525.26 TASK#4: Print Window/Door Signs $229.46 TASK#5: Print Cashier Tent Cards $698.18 TASK#6: Print Referral Pad for Questions $519.83 TASK#7: Deliver kit items $150.00 Additional Services (includes high resolution stock photo ($55) and hard $928.00 copy proofs($94) NOT TO EXCEED TOTAL $ 8,600.00 CONSULTANT shall not exceed any of the specif;ed budget amounts for any TASK without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the TASKs listed above provided the total AGREEMENT amount does not exceed EIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600). Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: Percent of TASK TASK compensation to be paid upon completion TASK #1: Design, production,coordination, and development of 100% graphic image to brand the campaign,for six kit items. Submit hardcopy proofs. TASK #2: Print Parking Lot Signs 100% TASK#3: Print Cart Corral Signs 100% TASK #4: Print Window/Door Signs 100% TASK #5: Print Cashier Tent Cards 100% TASK#6: Print Referral Pad for Questions 100% TASK#7: Deliver kit items 100% TASK#8 Additional Services, if needed and as authorized by CITY 100% (Includes high resolution stock photo ($55) and hard copy proofs ($94)) NOT TO EXCEED TOTAL $8,600.00 E. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included under the TASKs shown above and shall be included in the amount paid to CONSULTANT by the CITY. G. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis, as authorized by the CITY. The CITY has set aside the sum of NINE HUNDRED TWENTY-EIGHT DOLLARS($928) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment upon completion of each TASK. Authorized Additional Services rendered during the previous month shall be submitted on a monthly basis. Additional Services must be authorized by CITY. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Mimi Braatz and Associates Agreement Reusable Bag Ordinance Outreach Project—Retailer's Kit Exhibits F k } s Iii # I- DATE: 5/30/13 TO: City of Cupertino FROM: MIMI BRAATZ & ASSOCIATES RE: Reusable Bag Ordinance Outreach Project Final revision 6/18/13 PROJECT I: RETAILER'S KIT Design/Production/Coordination for six kit items plus meetings, production supervision, field research & developing graphic image to brand the campaign; adjust layout of 4 letter-sized handouts (kit item) for client to print in-house: $4,074 Note: bids based on using the photos provided (no illustrations) I) Parking Lot Signs 4 color; 24" x 18", 2-sided, with 10 x 30 H stake Stock: 4 mm, white biodegradable & recyclable corrugated plastic Turn around — 3-5 working days after approval of final proofs. QTY 75 Printing: 2 sided: $1,356 + $118.65 tax = $1,474.65 2) Cart Corral Signs Option #I: 9" x 12" /12" x 9"; Same graphics as parking lot signs Stock: 4 mm, white biodegradable & recyclable corrugated plastic Turn around — 3-5 working days after approval of final proofs. Method of attaching - zip tie & 2 grommet holes; placement TBD QTY 45 Printing: I-sided: $483 + $42.26 tax = $525.26 3) Window/Door Sign 11 x 8 1/2, 4 c - double sided; attached with tape by retailer Stock: Classic Crest 100% Recycled digital cover, bright white Turn around — 3-5 working days after approval of final proofs. QTY 325 Printing: $211 + $18.46 tax = $229.46 4) Cashier tent cards 4 c - I sided - 5.5" w x 12.75" flat; three scores & 2 perpendicular slits Stock: Classic Crest 100% Recycled, digital cover, bright white, gloss finish Turn around — 5-7 working days after approval of final proofs. QTY 325 Printing: $642 + $56.18 tax = $698.18 5) Referral Pad for Questions 3.5 x 8.5, Printed on one side only, gummed at top Stock: 80# Classic Crest Text Digital 100% Recycled, bright white Turn around — 3-5 working days after approval of final proofs. QTY 50 pads with chipboard backer of 50 sheets each (3.5" high) Printing: $478 + $41.83 tax = $519.83 6) Estimated Delivery Fee - $150 (assumes all items delivered at same time) SUMMARY RETAILER'S KIT Design/Production/Coordination & developing graphic image to brand the campaign for six kit items (Project coordination includes meetings, emails/calls, production supervision, field research): $4,074. Printing & Delivery Costs: $3,170 + $277.38 tax + $150 delivery = $3,597.38 SUBTOTAL: $7,671.38 Additional Services: $928 (Includes $149 for: Hard copy proofs = $94 and higher res stock photo $55 Authorized by CITY) TOTAL NOT TO EXCEED: $8600 SCHEDULE: Layouts for campaign components will be delivered five (5) working days after this estimate is approved and the scope of work finalized and/or copy provided where necessary. Production time estimated by printer to be between 3-7 working days after approval of final proofs depending on product; this info listed on each item. For City of Cupertino Date For all work: •All rights transferred;the granting of rights is conditioned upon receipt of payment in full. It is the policy of Mimi Braatz&Associates to retain ownership to any creative work or advertising plan not executed, produced, published or broadcast. •Terms: Net 30 from receipt of invoice. • Client will be responsible for payment of additional charges/items ordered for project elements not specified in this estimate. • Client's approval will be obtained for any increase in fees or expenses that exceed the original estimate • Client's signature on this form will evidence acceptance of these terms. Aco® CERTIFICATE OF LIAE3ILITY INSURANCE DATE(MM/DD/YYYY) 06/11/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ozdalga, Ark Wallis and Wallis Insurance Brokers 1�vCO.NNo.Eat): 408-293-3336 FAX Wallis 408-293-6054 1249 Park Ave E-MAIL San Jose, CA 95126 ADDRESS: ark @wawib.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: USLI INSURED INSURER B: Mimi Braatz and Associates INSURERC: 651 Willow Glen Way San Jose, CA 95125 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADD SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) UMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 63930 A 06/11/2013 06/11/2014 PREMGETOaEcTED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'UABIUTY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Ocurrence 1000000 A Professional Liability 63930 A 06/11/2013 06/11/2014 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured: City, its City Council, boards and commissions, officers, employees and volunteers 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 to the certificate holder named below, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Cheri Donnelly 10300 Torre Ave. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I l ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 1001343 LOC#: AR® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Wallis and Wallis Insurance Brokers Mimi Braatz and Associates POUCY NUMBER 651 Willow Glen Way San Jose, CA 95125 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ADDL SUBR POUCY EFF POUCY EXP ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYI UMITS Gen Aggregate 1000000 A Professional Liability 63930 A 06/11/2013 06/11/2014 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • (Af',t1 Confirmation of Liability Coverage AAA Members Car Policy AAA Northern California,Nevada&Utah Insurance Exchange P.O.Box 22221,Oakland,CA 94623-2221 NAME AM)ADDRESS AUTO POUCY NUMBER W048739 EFFECTIVE DATE BRAATZ MARK/MAUREEN SHERMAN-BRAATZ 06/11/2013 651 WILLOW GLEN WAY ExNRAT10N DATE SAN JOSE CA 95125 10/18/2013 Named Insured: BRAATZ MARK/MAUREEN SHERMAN-BRAATZ The policy of automobile insurance includes the coverages and limits of liability as shown below.The policy will expire on the date shown unless canceled by the Insured or by the Exchange prior thereto. DESCRIPTION OF AUTOMOBILE(S) MAKE YEAR VIN FORD 1996 1FTJW35F5TEB50291 VOLVO 2001 YV1RS58D712041439 JEEP 1995 114GZ78Y15C553470 LIABILITY COVERAGES BODILY INJURY LIABILITY LIMITS OF LIABILITY PROPERTY DAMAGE LIMIT Each Person/Each Occurrence Each Occurrence 500/500 100 55 0018 0705 I(gpw8v006)06/11/201302:34 PM AUTOMATIC RENEWAL-This policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeec5ng policy (iYAVA` Personal Umbrella period.If our rules do not allow this policy to be renewed,we will give you • written notice as required by law. Policy Declarations AAA Northam California,Nevada&Utah MEMBERSHIP NUMBER UMBRELLA POLICY NUMBER Insurance Exchange P.O.Box 22221,Oakland,CA94623-2221 751-65-69-6 PUP-07-40-34-0 NAMED INSURED(5)AM)MARJIG ADDRESS POUCY PERIOD-FROM 11/10/2012 Toll/10/2 013 BRAATZ MARK/SHERMAN-BRAATZ MAUREEN 12:01 A.M. STANDARD TIME AT the address of the named insured(s)as 651 WILLOW GLEN WAY stated herein,or on the date and time shown In the application for this SAN JOSE CA 95125 policy, whichever is later, provided that all premiums required are paid when due and subject to all applicable provisions of this policy. POLICYHOLDER COPY R>NRWAL MAIL DO REP DO REP NO PROCESS DATE ALT: (408) 998-0796 HOME; (408) 781-5954 57 06 778 09/11/2012 • UNDERLYING INSURANCE This policy is issued in reliance on representation of the Named Insured(s)listed above that valid and collectible underlying insurance as shown in this section is now in force,and will at all times be in force,in at least the amounts shown,for each auto,watercraft,and recreational motor vehicle(including motorcycles) owned,leased by or furnished or available for regular use by you or any resident of your household,and for all residential premises owned,leased by or leased to any insured.An explanation of important terms appears on the reverse side of these Declarations.Defined words appear in the Definitions section of the policy. MINIMUM UNDERLYING UMITS Of UABIUIY UNDERLYING BODILY INJURY COVERAGES PROPERTY DAMAGE PERSONAL INJURY COMER ED SNHGLE LIMIT acn and per amxren and per offence °f per accmielm • Residential Premises S500,000/ 5500,000/ $500,000! $500,000 $500,000 $500,000 $500,000 5500,000 Auto 5500,000/ $100,000 5500,000 5500,000 Employer's Liability $100,000 $100,000 $100,000 5100,000 Recreational Motor Vehicle Liability 5500,000/ (indudes motorcycles,golf carts, $100,000 $500,000 snowmobiles,trailers) 5500,000 Watercraft Liability 5500,000/ 5500,000/ $500,000 $500,000 $500,000 $500,000 PERSONAL UMBRELLA COVERAGES AND UMITS OF UABILITY PREMIUMS NUMBER RENSION DATE POLICY AND ENDORSEMENTS ISSUED TO YOU BY US • F1195C 09/2005 PERSONAL UMBRELLA POLICY LIMITS OF LIABILITY: $1,000,000 581500CA10012010 $275 • • • • IMPORTANT NOTES . _ • • All Residential Premises policies must have-"personal injury" coverage, as defined in the "Definitions' section of your Personal Umbrella Policy. • • •Under the heading "Minimum Underlying Limits of Liability," reference is made to "per person" and "per occurrence" limits.These phrases have special meaning,as follows: • • The"per person' limit of liability means the most that the underlying insurer will pay for all damages sustained by one person as the result of any one"occurrence.' The'per occurrence"limit of liability means the most that the•underlying insurer will pay for all damages sustained • by all persons as the result of any one"occurrence." "Occurrence" is a defined term in the underlyin§ insurance and in the "Definitions" section of your Personal Umbrella Policy. • • • NOTICE OF OUR INFORMATION PRACTICES AND YOUR RIGHTS CALIFORNIA ONLY • The Insurance Information and Privacy Protection Act regulates the collection and disclosure of personal information by the insurance industry.While not restricting industry access to necessary information,the law strengthens your role in the information gathering and disclosure process: When we initially determine if we can insure you'or when-we.perform.an insurance transaction on your existing policy, we primarily use the information you have given-us, but we may use other sources, such as the State Department of Motor Vehicles. We are allowed to disdose personal or privileged information.without your authorization only in circumstances permitted by law.You have the right to see and,if necessary,correct personal information. tf you would like a more detailed description of our information practices and your rights,please write us at: MA Northern California,Nevada&Utah • • Insurance Exchange Attention:Underwriting Services. • 'PO Box 22221 Oakland,California 94623-2221 • Consumer.Complaint Information Should you have a problem with your policy which you cannot resolve.by contacting your local MA office,please call the AAA Customer Service Center to secure additional information or assistance.The toll free number at the Customer • Service Center is 800-922-8228. Whenever your local AAA office or the AAA Customer Serv&:e Center has been unable to assist in resolving a consumer complaint regarctIng your policy,the following California state agency may be contacted to assist you:; • . California Department of insurance • Consumer Services Division • 300 South•Spring Street • Los Angeles,CA 90013 • Toll free telephone(800)927-4357. • You should contact the.Department of Insurance only after you have first attempted to resolve your problem through the MA Northern California,Nevada&Utah Insurance Exchange. • • . • • • • • • • • • • AAA Northern California, PO Box 24525 � U Nevada at Utah Oakland,CA 94623-1525 1' Insurance Exchange PERSONAL UMBRELLA INSURANCE INVOICE ** RENEWAL ** September 12 2012 BRAATZ MARK/SHERMAN-BRAATZ MAUREEN POLICY NUMBER: 0740340 651 WILLOW GLEN WAY EFFECTIVE DATE: 11/10/12 SAN JOSE, CA 95125 AMOUNT DUE: 275.00 DUE DATE: 12/10/12 CURRENT TRANSACTION DETAIL 11/10/12 PREMIUM 275.00 11/10/12 CA SURCHARGE 0.00 SEND PAYMENTS AND INQUIRIES TO: AAA NORTHERN CALIFORNIA, NEVADA & UTAH INSURANCE EXCHANGE PO BOX 24525, OAKLAND, CA 94623-1525 FOR INFORMATION REGARDING PAYMENT, PLEASE CALL (866) 421-2722 FOR POLICY INFORMATION, PLEASE CALL YOUR LOCAL DISTRICT OFFICE �� AAA Northern California, PO Bar 24525 tf 1,l\! Nevada&Utah Oakland,CA 94623-1525 411 IP Insurance Exchange PERSONAL UMBRELLA INSURANCE INVOICE September 12 2012 BRAATZ MARK/SHERMAN-BRAATZ MAUREEN POLICY NUMBER: 0740340 651 WILLOW GLEN WAY EFFECTIVE DATE: 11/10/12 SAN JOSE, CA 95125 AMOUNT DUE: 275.00 THIS PORTION SHOULD ACCOMPANY PAYMENT 47 4542 rue.2012