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HomeMy Public PortalAboutAgreement_2011-12-06_Fuel Creative Group_Graphic Design Services for Connect MagazineATTACHMENT A CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and FUEL Creative Group a S corporation RN 44838-6959-3880 %-1 DATE p�cujv"n n , AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND FUEL CREATIVE GROUP This Agreement for Consultant Services ("Agreement") is entered into as of this day of December, 2011 by and between the City of TEMPLE CITY, a municipal corporation ("City-) and FUEL CREATIVE GROUP a S corporation (`-Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by issuance of a Request for Proposals, the performance of services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal for the performance of services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services are complete. This Agreement may be extended for an additional two years upon mutual agreement of both parties. RIV #4838-6958-3880 %] - 1 - SECTION 2, SCOPE OF SERVICES. Consultant agrees to perfonn the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B'' "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed seven thousand dollars ($7,000) per issue or $42,000 cumulatively, unless additional compensation is approved in writing by the City Council or City Manager. (b) Each quarter Consultant shall furnish to City an original invoice for all work performed and expenses incurred during that quarter. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. SECTION S. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement. either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall R1v#4838-6956-388(lA - 2 - not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer fifes, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warrants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's perforiziance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shaII be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. RIV M838-6956-3880 v _ � _ SECTION 8. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City. nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees. or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION 4. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. Rnl#4838-6958-3880 vi _ 4 _ SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work pertonned during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, S U.S.C.A. §ti l 101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant=s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. R1V #4838-6958-3880 v] _ 5 _ SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub -consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, RN 44838.6958-3880 v] -6- interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub -contractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub -contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this Section 16 [indemnification] to the contrary, design professionals are required to defend and indomnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment RIV il4838-6958-3880 A _ 7 shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perfornm the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) if either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION 21.. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. RIV 114638-6958-3880 vt _ 8 _ SECTION 22. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION 24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Consultant: FUEL Creative Group Attn: Steve Worth, Principal 2120 20'h Street, Suite 2 Sacramento, CA 95818 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION 26. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to snake minor amendments to this RIV 114838-5458-3880 vi _ 9 _ Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City Council. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION 28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 29. WAIVER. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30, LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. RIV #483"958-3880 vi - 10- SECTION 33. SEVERABILITY If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provisions). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. CITY OF TEMPLE CITY By: Jose u.' o, City Manager ATTEST: v.�'d' '� Mary Flandri City Clerk APPROVED AS TO FO By: Eric S. Vail City Attorney FUEL CREATIVE GROUP By: Its: r NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. R1V #4838-6958-3880 v! - I I - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On %—tiff , 20 1 before me, CA } () 17i , personally appeared �2 I t proved to me on the basis of satisfactory evi�;e e to be the person] whose name iv resubscribed to the within intitrument and �1rnowIedged to me thatIre�tltey- executed the same in (t' hekbeir-authorized capacity(j)@, and that by °1tciLt>u signature(* on the instrument the person or the entity upon behalf of which the personm acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SAVANNAH SOt1ZA LQ G lMMIsslon # 1857239 Notary Public - Celiforeia acraSignature: a 1 M Corn Ex�pres Oct 20 2015 OPTIONAL Though the data below is not required by law, it may prove -%aluable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIIIIED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV 44838-6958-3880 vi DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGI\ER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RN0838-6958-3880 vl DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 6876 v1 EXHIBIT "A" SCOPE OF SERVICES CONSULTANT shall provide complete design services for a quarterly newsletter, for and on behalf of the CITY, as identified in the Request for Proposal and as stated in the proposal submitted by the CONSULTANT dated May 13, 2011, and revised Cost Detail and Service Scope dated November 11, 2011, which is incorporated by this reference. Consultant will perform the following services: A. Develop creative brief for initial newsletter B. Produce two (2) concept sketches and brands for newsletter redesign C. Design and production for each quarterly issue D. Review of printer proof II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Final print -ready files Ill. The tangible work products and status reports will be delivered to the City pursuant to the scheduled to be developed jointly by CITY and CONSULTANT. IV. Consultant will utilize the following personnel to accomplish the Services: A. Steve Worth, Project Manager B. Brent Rector, Art Director V. The Scope of Services, including services, work products, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. RIV #4838-6959-3880 vi A-] SIGN AN,D.-PR �X i 1 C HfvlEt SERVICES F-0"R'Q'UARTERLY NEWSLETTER P& EFu� � �� ATIYE GROUP MY1,`011 RESPONSE TO C[TY OF TEMPLE CITY. REQUEST FOR PROPOSAL: DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETtER Cathy Burroughs City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Dear Cathy: We are excited about this opportunity to work with the City of Temple City to continue and enhance your newsletter service. Our team of designers and print professionals are ready to assist the City in communicating timely, relevant information to City residents and businesses. Our team offers all the experience and education in graphic design, software programs and file transfer abilities you specify. As a vendor to many municipalities, FUEL carries all the insurance coverage City ofTemple City requires, and shall name you as additional insured before commencement of contract. FUEL Creative Group—an award winning graphic design firm is experienced in creating outstanding newsletters and complementary materials for public agencies including City of Rancho Cordova, City of San Fernando, City of Sacramento, City of Elk Grove and California Travel and Tourism Commission. At FUEL we are passionate about our work, and look forward to the opportunity to show you the added effectiveness made possible by our team of experts. Our team has the experience, energy, and creativity to produce high quality newsletters For The City of Temple City—and to do so consistently, efficiently, on rime, and on budget. I will be Temple City project manager. We look forward to the possibility ofworking together. Very truly yours, 1-e� Steve Worth Principal FUEL CREATIVE GROUR Inc. 2120 20th Street, Suite 2, Sacramento, CA 95818 916.669.1591 PHONE 916.290.0425 FAX steve@fuelcreativegroup.com - . , r .. -i » �4 _vgV¥P-4,« ». ,w !»� m a \(kL Paen�imo,�_� ■' w,. gaQpa�f6 % wa1«m ! . gz.col. Arod p e ±f . � ■ � �$� , a +wbkirE mam§#- - ... R , ,� d-» « e. yr, ® - � ` 1a #� awlorl ..3 ay •® m Pn, .,,® mQmu 1w 'm ml:, ,.. Irill ,ak.Rm. -, too ©--- «&�,40 ..r,j�v4,_. �0 ®, . py,ni.o &m7 . ® �� ,r J > i-1: -, Q ,m:A4ni?kQ. ,�!W, d,1 2 F[�� edm� � m .,,..� maeP; , 9. aIz _�mial u w ±w�n @ . r! mo .` e hW \1)z. « E E -ate a-5 _ 4 f mo , _ & � e+� � m ee, & ac wl,� :r» � }�� � G e S+. §pi wQ �kria * w �7amz�m w> w 1 .. y, . \ ..a , ZONE 1 ROAD `� '`----®•-®®®•,-- RESPONSE TO CITY OF TEMPLE CITY. REQUEST FOR PROPOSAL: DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETTER TABLE OF CONTENTS 3. INTRODUCTION.........................................................................................................................4 4. METHODOLOGY........................................................................................................................6 S. ASSIGNED PERSONNEL...........................................................................................................8 6. SUBCONTRACTORS................................................................................................................12 7. CONTRACTOR CAPABILITIES AND REFERENCES.....................................................................13 S. ADDITIONAL DATA............................................................16. SAMPLES INCLUDED IN PACKAGE 9. COST PROPOSAL....................................................................................................................17 PREPARED MAY 13. 2011 BY: FUEL CREATIVE GROUP 3. INTRODUCTION -FUELING OUR CLIENT'S VISION FUEL works In partnership with clients to realize their vision through creative communication solutions. To facilitate this mission, they make sure that what clients see in their mind's eye is produced In a way that not only motivates target audiences, but also Inspires the clients' organization as well. FUEL uses the latest graphic design tools to showcase the client's message and make it effective. FUEL has extensive experience creating and producing a wide range of outstanding public and corporate communication materials, Including newsletters. FUEL brings an ideal partnership to the City of Temple that is the best of both worlds. We offer an established partnership between FUEL Creative Group—a powerhouse design firm and our print rep of many years newsletter collaboration leading the efforts of Woodbridge Press,—a regional leader in print and mailing solutions. Both of our teams have extensive experience supporting public agencies with communications needs. FUEL Creative Group will design, lay out, and produce the newsletters. FUEL Is a full-service graphic design firm that has been delivering outstanding creative projects to public agencies since the firm was founded in 2004. Led by owners Brent Rector and Steve Worth, FUEL brings 36 years combined experience in the design industry. FUEL's six full-time staff members have the experience and know-how to handle any design project with the creativity and attention to detail required for hig"uality results. Specific Newsletter Design Experience The designers at FUEL have substantial experience creating newsletters and similar projects. They have produced Rancho Cordova's award winning "City Views" quarterly eight -page newsletter since 2007. FUEL also redesigned both of Roseville Electric's bi-Monthly newsletters, "Power Partners" and "Electric Dispatch" from 2005 until 2008. In addition to this, FUEL currently handles the design and production for California's Travel and Tourism Commission's What's New (a 24 page travel trade newsletter) and their yearly Insights Year and Review, a 48 page full color showpiece. We are confident that we have the staff, the knowledge and the relationships to handle your needs and make you work easier. 4 JAL. V 1, S I T C A:.L Ifgt- . 0 R j660opkr I illiP , l: FUEL CREXrivE GROUP 4. METHODOLOGY Sample Tlmellne/Process The process diagram at right shows the steps in any design project at our studio. The solid white boxes indicate the time it would take to layout your newsletter once we receive copy (4 weeks total). Concept Sketches (Optlonai) FUEL does suggest that the City consider allowing FUEL to redesign the newsletter. if you choose to do this, FUEL will present two concept sketches (covers + spread) for the City to choose from. The option chosen will then be refined and produced. This process will take two weeks & can be accomplished Design and Production FUEL's designers will produce the publication (Including photography or graphic selection). FUEL Owners Brent Rector and Steve Worth play active rolls in every design project in the studio. Approved copy will be laid out by FUEL designers Into newsletter format along with approved photographs or graphics. This proposal assumes a three -proof design process, with the City giving design feedback and content edits at each proof. All article copy will be submitted by the City as approval final copy at initiation of each newsletter design/printing cycle. Print Management and Quality Control Each newsletter project will be managed by owners Steve and Brent and assigned to designers who will see the project through from beginning to end—including press checks to ensure a quality final product. FUEL has four full-time designers who are available to help develop each newsletter. Steve and Brent will coordinate all printing and digital production to ensure that the final product is the best it can possibly be, and develop an ongoing fulfillment process that fits the City's needs. Printing and Mailing Printing will be completed in 7 to 14 days. FUEL and our longtime print partner (CGX & Woodbridge Press, 30 miles from Temple City in Anaheim, CA) suggest that the City consider a direct drop to USPS. We do this with many newsletters, and find it saves cost and creates quicker turn -around by eliminating a step In the process. Protect Turnarounds Each newsletter project will be designed and produced to final files ready for print vendor within 14 business days. This assumes one -day turn around on revisions from the City, which FUEL will support you In making. Printing will be completed in 7 to 14 days. Newsletter direct drop to USPS creates quick- er turn -around by eliminating a step in the process. We will explain our recommendations if selected as your vendor. Ld LLI 3: IN Lrl w 3C I V Lu Lj CL 4D 7 j W Lrl PREPARED MAY 13, 2011 BY: FUEL CREATIVE GROUP S. ASSIGNED PERSONNEL Both FUEL partners will be actively involved in this project. The project manager, partner Steve Worth, will manage the schedule and be the point of contact for the project. Partner Brent Rector will be the art director, overseeing all aspects of the design and production of the newsletter. If you ever have a question or concern (or praisel) during the process, you be talking directly to the owners of the company. The org chart at right details FUEL's organizational structure, and resume's follow on page 10. FUEL ORG CHAR' HAVE ME?INPLLV JUNJOR DE51GNER STEVE WORTH CAROL DAVYDOVA PREPARED MAY 13, 2011 BY: FUEL CREATIVE GROUP 9RENT RECTOR --CREATIVE DIRECTOR & PRINCIPAL, FUEL CREATIVE GROUP Expertise: Brent brings more than 20 years of graphic design experience to the agency and their clients. His role as partner at FUEL Creative Group has allowed his unique design aesthetic and playful range of graphic styles to foster ever more innovative client outcomes. With experience on projects for large clients, Brent has the creative know-how and experience to handle any project. His talents have made FUEL a force in the local and international design markets, forming strong relationships. Before opening FUEL Creative Group in February of 2004, Brent was Senior Art Director at Wallrich Landi Integrated Marketing Communications In Sacramento, California. In this high-pressure position, Brent managed the schedules and led the work of five designers. Brent has won major awards for his design work and brings a very successful hands-on management style. Client Experience (Partial): 2010-201.1 Jackson Laboratories—West 2008-2009 California Department of General Services Office of Administrative Hearings 2008-2009 County of Sacramento Probation Department 2006-2011 City of San Fernando 2006-2011 City of Rancho Cordova 2006-2011 American River Bankshares 2004-2011 Weidner Architectural 2004-2011 Roudybush Bird Foods 2004-2011 Roseville Electric 2004-2011 City of Roseville 2004-2011 California Travel and Tourism Commission 2009 State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters 2009 EdFund 2007 SMUD Hydrogen Refueling Station Educational Signage Education: B.A., Graphic Design, California State University, Sacramento Awards and Accomplishments (Partial List): American Public Power Association (APPA) Annual Report Award—Roseville Electric 2006 & 2008 Annual Report Northwest Public Power Association (NWPPA�—Annual Report Award: Roseville Electric's 2006 Annual Report Advertising Professionals of North Los Angeles, Best of Show Award—City of San Fernando Sacramento Ad Club Delta Award—Wallrich Land[ 2005 Christmas Campaign Work has been featured in Logo Lounge 4 and 5 (Hellbent sale and Shortstuff) Folio Magazine OZZY Gold Award—Prosper Magazine SPRA 2009 CAPPIE "Publication Gold Award" ---City Views newsletter Print Magazine Regional Design Annual: Crush 29 Olive Oil Packaging 10 RESPONSE TO CITY OF TEMPLE CITY, REQUEST FOR PROPOSAL: DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETTER STEVE WORTH—PRODUCTION DIRECTOR & PRINCIPAL, FUEL CREATIVE GROUP Expertise: With far-reaching design skills Including advertising, identity packages, websites, publications, annual reports, newsletters, packaging, trade show booths, multimedia and 3D animation, Steve is invaluable to clients. In FUEL's five years in business, Steve has led work for clients Including EdFund, California Business Transportation and Housing Agency, American River Bankshares, the California Travel and Tourism Commission, Mazda Raceway Laguna Seca, and the California Earthquake Authority. His strong typography and corporate branding skills have enabled him to tackle large scale projects for clients such as City of Roseville, American River Bankshares, TDK, the Sacramento Bee, California Earthquake Authority, Roseville Electric, Weidner Architectural, the California Travel and Tourism Commission, Sacra- mento Municipal Utilities District (SMUD), Roudybush Bird Foods, and Sactown Magazine. In 2007, Steve managed the design and production of the SMUD Hydrogen Refueling Station signage. The FUEL team created the design concept, outlined the program for the signage and contracted with Weidner Architectural Signage to produce these highly functional, durable and attractive education signs still currently Installed at the facility, Client Experience (Partial): 2007 SMUD Hydrogen Refueling Station Educational Signage 2009 EdFund 2009 Jackson Laboratories—West 2008-2010 California Business Transportation & Housing Agency 2008-2009 California Department of General Services Office of Administrative Hearings 2008-2009 County of Sacramento Probation Department 2006-2011 City of San Fernando 2006-2011 City of Rancho Cordova 2006-2011 American River Bankshares 2004-2011 Weidner Architectural 2004-2011 Roudybush Bird Foods 2004-2011 Roseville Electric 2004-2011 City of Roseville 2004-2011 California Travel and Tourism Commission 2009 State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters 2004-2007 California Earthquake Authority Education: B.A., Graphic Design, California State University, Chico Awards and Accomplishments (Partial List): American Public Power Association (APPA) Annual Report Award—Roseville Electric 2006 & 2008 An- nual Report League of American Communication Professionals Vision Award "Gold and Silver"--CTTC Insights Work has been featured in Logo Lounge 5 Print Magazine Regional Design Annual: ADAC Event Invitations 11 PREPARED MAY 23. 2013 BY: FUEL CREATIVE GROUP 6. SUBCONTRACTORS FUEL will be subcontracting the printing of the Newsletter to Consolidated Graphics Incorporated (CGX), through our sales representative Todd Fulton at Eagle -Press. Todd and FUEL have been working together since FUEL's inception and over the last S years have provided high-quality printing at the right price. CGX is a world-wide printer which gives us the possibility of leveraging their entire network and print your pieces locally to keep the dollars local, In this case at Woodbridge Press, located 30 miles from the City of Temple City. 12 RESPONSE To CITY OF TEMPLE CITY, REQUEST FOR PROPOSAL: DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETTER T. CONTRACTOR CAPABILITIES AND REFERENCES FUEL Has extensive experience creating Newsletters for both public and private entities. Below you will find just some of our experience and references. Client Experience (Partial): 2007 SMUD 2009 Turlock Irrigation District 2009 EdFund 2009-2011 Jackson Laboratories—West 2008-2010 California Department of General Services Office of Administrative Hearings 2008-2010 County of Sacramento Probation Department 2009--2011 City of Elk Grove 2010-2011 City of Sacramento 2006-2011 City of San Fernando 2006-2011 City of Rancho Cordova 2006-2011 American River Bankshares 2004-2011 Weidner Architectural 2004-2011 Roudybush Bird Foods 2004-2011 Roseville Electric 2004-2011 City of Roseville 2004-2011 California Travel and Tourism Commission 2009 State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters 2004-2007 California Earthquake Authority Awards and Accomplishments (Partial List): Follo Magazine OZZY Gold Award—Prosper Magazine SARA 2009 CAPPIE "Publication Gold Award"—City Views newsletter Print Magazine Regional Design Annual: Crush 29 011ve Oil Packaging American Public Power Association (APPA) Annual Report Award—Roseville Electric 2006 & 2008 Annual Report Advertising Professionals of North Los Angeles, Best of Show Award—City of San Fernando Sacramento Ad Club Delta Award—Wallrich Land! 2005 Christmas Campaign Brent's work has been featured in Logo Lounge 4 and 5 (Hellbent sale and Shortstuff) 13 PREPARED MAY 13, 2011 9Y: FUEL CREATIVE GROUP REFERENCES City of Rancho Cordova "City Views" newsletter—FUEL has been an integral part of Rancho Cordova's communication success in recent years. They worked with the public information officer to redesign the City's newsletter, significantly upgrading the communication value and perception of the publication by the community. They also worked with the City to get a preferential print buy and create a turn -key fulfillment process using Eagle Press in Sacramento—substantially cutting costs to produce each issue. The City won the Sacramento Public Relations Association's 2009 CAPPIE "Publication Gold Award" for FUEUs newsletter results. FUEL also helped the Economic Development Department at the City of Rancho Cordova create a folder package that can be customized for use In their outreach efforts, designed the interior and exterior sign system for City Hall, and created various other marketing and communication tools. (Please see our provided example.) Contact: Troy Holt Public Information Officer City of Rancho Cordova (916) 851-8847 tholt@cityofranchocordova.com City of Roseville—Roseville Electric "Business Partners" newsletter—In 2005, FUEL worked with Roseville Electric to redesign their Power Partners newsletter. This project was a professionally themed newsletter targeted at partner businesses to Inform them of upcoming rebates and programs the City was creating to help lower their electric usage and power bill. FUEL continued to produce the newsletters for four years, until 2008. (Please see our provided example.) FUEL continues to design public information campaigns for this client through the Utility Exploration Center. "Electric Dispatch" newsletter—FUEL designed this resident -targeted newsletter to fit Into monthly power bills. The newsletter educates the public about the City's progressive recycling, wastewater, water, garbage collection and irrigation programs. FUEL worked with Roseville Electric from 2005-2008, redesigning this newsletter, and making sure to balance the need for compelling, emotive visuals with the desire to be efficient and capture the needs of the community. (Please see our provided example.) Contact: vonette McCauley Public Relations Manager Roseville Electric (916) 774-5625 vmccauley@roseville.ca.us California Travel and Tourlsm Commission insights Year in Review and Insights Online Companion}—FUEL began producing California Travel and Tourism Commission's (CTTC) "Insights" newsletter In 2004. At the time it was their primary way of communicating with assessed partners and the Industry in general. FUEL redesigned the publication, RESPONSE To CITY OF TEMPLE CITY. REQUEST FOR PROPOSAL: AESIAN AND PRINT SERVICES FOR QUARTEKY NEWS1ETrER making it more graphically compelling and more industry -appropriate in iook and feel. FUEL also developed an electronic version of the newsletter that has allowed the CTTC to reach more people and increase the frequency of distribution at lower costs. FUEL's production of "Insights" continues to be an Integral part of their communication portfolio that has been able to adapt with changes in user behavior. The publication has twice won the League of American Communication Professionals' Vision Award. In addition, FUEL has created marketing materials for the CTTC ranging from tourism videos, promotional postcards, maps, press kits, logos, tote bag, and event Invitations. (Please see our provided example.) Contact: Brooke Byrd Writer/Editor California Travel and Tourism Commission (916) 319-5403 bbyrd@visltcaiiforn ia.com What's New in California—Designed by FUEL, this simple newsletter has proven to be a long-lived and much loved part of California Travel and Tourism Commission's communications suite. Its Job is simply to give CTTC industry partners a way to publish California tourism news in a way that Is easily digested by Industry professionals who are always on the lookout for new destinations and activities to promote and sell. The piece has a four-color cover with one -color contents so it is both visually exciting and cost- conscious. (Please see our provided example.) Contact: Rachel Veu Media Relations California Travel and Tourism Commission (916) 319.5427 rveu@vis itcal ifornia. cam City of San Fernando City Branding, Services Brochure, Trolly Marketing Materials, and Information Flyers—During a three year period, FUEL had the unique opportunity to rebrand the City of San Fernando and extend that brand to the bulk of the City's communication materials. FUEL worked with the City to identify key stakeholders, how they consume media, and what it means to them to be a part of the City. FUEL researched the City's history in detail, identifying pieces of regional history, and built a survey to mine the management teams' vision and build consensus. Work performed Includes: • City Services brochure, produced in both English and Spanish. • Complete graphics package for the City's new trolly system --included trolly car graphics and paint scheme, route signage design, information and event flyers, and in -trolly graphics. The entire body of work produced by FUEL for the City was recognized for its excellence by the Advertising Professionals of North Los Angeles in 2009. Contact: Ron Ruiz Public Works Director 818-898-.1237 RRuiz@cl.san-fernando.ca.us PREPARED MAY 13, 2011 M FUEL CREATIVE GROUP S. ADDITIONAL DATA WORK SAMPLES ARE PROVIDED 16 RESPONSE TO CITY OF TEMPLE CITY, REQUEST FOR PROPOSAL: DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETTER 9. COST PROPOSAL DESIGN AND PRINT SERVICES FOR QUARTERLY NEWSLETTER COST PROPOSAL YgAR 1 (JULY 1, 2011—JUNE 30, 2012) PER ISSUE COST TOTAL (4 ISSUES) DESIGN LAYOUT AND PRE -PRESS $9,750 $39,000 PRINTING 15,000 qty., 8.5x11 size, 70# Gloss Stock, Full Color, 2 sides $9,985 $39,940 TOTAL $18,738 $78,840 YEAR 2 (JULY 1, 2012—JUNE 30, 2013) PER ISSUE COST TOTAL (4 ISSUES) DESIGN LAYOUT AND PRE -PRESS $10,500 $42,000 PRINTING 15,000 qty., 8.5x11 size, 70# Gloss Stock, Full Color, 2 sides $10,045 $40,180 TOTAL $20,848 $82,180 17 CREATIVE GROUP -2W I - - FUEL FUEL CREATIVE GROUP ElILLI a00N16i 212020TH STREET, SWTE 2 SACRAMENTO, CA I 95818 I USA 711 �00LLS6 W WW.FUELCREATIVEGROUP.COM TILIPHOkf 916 I 659.1591 I 916 I 29o.o425 IN III, ACCII LL CAROLOFU ELCREATIVEGROU PCOM JAN !88 MAIL APR MAY JUNE JULY AUG 9IMPT OCr N41 DEC; 61.0 10 1 Brian Haworth The City of Temple City, CA REGARDING f 2140 TCTY Newsletter Proposal TR ATTACHMENT B-2 241 1 21 1 22 1 23 1 24 1 25 1 28 1 27 1 3E 1 29 1 $0 1 31 II 2012 1 Hello Brian, Cathy and Debbie, Thank you for inviting us to revise our bid to re -design and produce The City Of Temple City newsletter. We have modified our process in such a way that your budget can be met. This requires commitments on both our parts. To receive this level of favorable pricing, FUEL requests a 3 to 4 year contract. We need a liaison with the City who can prioritize delivery of copy and images from the City for each issue, thus allowing FUEL to maximize the production schedule for your projects. Please review the bid and let's discuss how to create excellent outcomes for everyone involved. I'll be in touch within a few days if we have not already connected. FYI - we did go up to the $7000 mark. We thought that that $250 would at least help cover travel & Stock photography when needed. In thanks, Carol Davydova New Business Development PAGE Z FUELI� CREATIVE GROUP COST DETAIL & SERVICE SCOPE NEWSLETMR DESIGN FUEL designers develop two (2) concepts based on client re -design direction. Concepts to consist of 2 covers, 2 spreads and I activities guide spread. Client choose one concept for exploration, Initial copy is provided to FUEL FUEL layy out entire publication andrevises twice to completion. Final prod- ucts are print -ready files and FUEL designer review of printer proof. To perform within this budget FUEL requires: • One point of contact at the City chat all comments and direction come through. • Client supplied exact copy and images (we will supplement images as well) you want included in creating each issue by a mutually agreed upon dead- line. • All stock photography over $250 is beyond the scope of our fees and bills as additional services. • A maximum page count of 24 pages, a minimum of 6 activities guide pages, and 2 pages of'standing features'. A standing feature is something that oc- curs on a semi regular basis, can change slightly in look but has the same general layout each issue. The standing features can be spread our through- out the book, but each will have it's own look that remains semi -consistent. A good example of a sanding feature is an 'employee profile', Around town' news feature, 'The Rosemead BLVD. Project etc. You will direct us on which features. We discussed the ideas of these features in the last meeting. It is both a good way to generate easy, relevant content, and it will allow us to produce more for you in the same budget. All major magazines use this same ractic. Services beyond scope of project (a maximum of 54 hours) are additional services and bill upon client written approval at $125/hour. Final invoice will include tax & shipping. $7,WO PAGE a FUEL CREITIYE GROOf L 410.1a % me 10. tfeafara Commorcld Coda Quoted prleds are honored for 30 clays. Today's dale Is 1V9/1L The above tames InccorporeA Article 2 of Cie Uniform Commercial Code, s. Tem. for Pgmont AO lmtelus era payable upon receipt A 11/714 monthly service rdargb Is I12"M en ell bverdue: balances. The grant of arty some or right al copyright h oantlllloned on reoelpt of full payment i bef ch in Paymonl The COenlshel assume rbspamWllly for 110 mhlecean of legal fees necessitated by defaull In payment 4. EkPrtaa. The ClIenlshd reknburse Fuel Crtatfa Group for all a pomas arising from this project. Indudogthe payment of any safes tax. Fedi.= charges, etc Outside servltes hill at cost plle 10%.Thwfe will be Included in the Anal Invot e.TrAwl beyond agreed scope h1 lx*ct bills at S45/hour perstattmomber pets oarent IRS rata for mileage. Nr bevel, meats and scmmmodatlore wipense at best available rates, L. Changes The Client is responsible for addlao" payments for manges the Client rewests outside of tee scope of" protlaseL We discuss your needs and get client widen approval (ormll or lard copy) before slating worth. Additional work WIs at 5125/hour, [lush rata h S250/eour. 0. Cancoleatlnn In ma mem of cancellation of Ihh asslitmont. ownership of e0 copy. rights and the orhgbed artwork shall im retabiod by Fuel Creative Group. The diem will be Mad for Ilms spent to -date: plus matareds.Tene to package and transfer ales to the diem will be Included on fired bwo$w. 7.02FoareW Rahmn of Aftwcrk sed taramt W g]aanan Fuel Creative Group grant& ownership of Anal artwork to the Client FM retains the dgM to use artwork in any and a0 sen -promotional efforts. 11, 9also ses The client IncibnMes Fuel Croa Me Group aphinst all claims and clpemes. Including nat0nable attomry'a fees, do to uses for whim no release was requested in wddng or for used that esmod authody greened bye release. L. Mo@Rcallano hlodibcation of the Agreemem must be wdten, areept that die Invoice my Include, and tyre Cllamshhag py. fees of bxponsef thatwerb orally euthorhrad In order to progress promptly with the worth. 1L Cordo of R& Preen" The COam and Fuel Crealve Group hgroo to comply w11h the proAslons of the Code of Fab Practice. 1L Wasrao47 of Orljlrralily Fuel Creathrt Group warrants and represents that, to the best of rasllher knowledge, the work assigned he curvier Is original and has not been prdukady published, or that consemto use has been obtained on an unetiftO basis: that all work or portlons thereof obtained through the undersigned from third parties is original or. O prerfoussy published, that the 04004rd td use hm been obtained on an undmitbd basis; that Fuel Creetve Group has full authority to make this agreement; and tfratthe work prepared by Fuel Creadve Group done not Coldaln any scanNious, gicalous. or urdWW mallet This warranty does not island to any uses that the 0141110 enrage meymake M the Foot Creative Group's product that may infringe an the rights Of others. Clem expressly agrees that N will held the Fuel Creative Group harmless for all tiAblly Meed by the COem's use of FM Creativo Group's product to U14 extent such use Infringes on tie rights of others. 1i Lmlfatlan oe i .Nmy Clem agrees ted h slWl not hold Fuel Creative Group or his/her agents or e"plaaees gable for sty Incidental or cwtiectuandal damages that Mae from the Fuel Creative Group's failure to perform try aspect of the Protea In a tamely manner, regardless of whether such fa9wc was caused by Intentional or negligent acts or w0slom of Fuel Creative Coup or a thW party, 14. Glyols R.aohdlon Any dlsputas M acesi ol $5.000 artting out of des Agreement shell be wbnaded to hhhdint Arbitration before a muhua* agreeGupon Sane. raentA Covey orbaralor pursuant to she odes of the American Arbitration Aaaodatico. The ArbnraWs award shall be dna[, and judgment may be entered In any Cobol h evIng jurkbdkiJon thereof. The Client shag pay all orbttatidn end court wits. reasonable amomoys lees, Anti legal Interest On shy award of judpmnt In laver of Fuel Creative Group. IF THIS ESTIMATE MEET& WITH YOUR APPROVAL, PLEASE SIGN BELOW AMD FAX RACK TO US AT 916 290.0026 1 APPROVED DATE