Cities Index.
Item E-20 Agenda Report

Beverly Hills City Council
June 27, 2023

Document
Item E-20 Agenda Report
Meeting
June 27, 2023
Body
Beverly Hills City Council
Pages
3
Original file
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Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: June 27, 2023
Item Number:

To: Honorable Mayor & City Council
From: Keith Sterling, Deputy City Manager
Cynthia Owens, Municipal Affairs Program Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND AAA FLAG AND BANNER MANUFACTURING COMPANY, INC. DBA A3

VISUAL FOR BANNER FABRICATION, INSTALLATION, REMOVAL,
AND STORAGE SERVICES; AND
APPROVAL OF FISCAL YEAR 2023-2024 BLANKET PURCHASE
ORDERS FOR VARIOUS DEPARTMENTS IN THE NOT-TOEXCEED AMOUNT OF $302,100 FOR THESE SERVICES

RECOMMENDATION
It is recommended the City Council:
1) Approve an Agreement between the City of Beverly Hills and AAA Flag and Banner Manufacturing Company, Inc. dba A3 Visual for banner fabrication, installation, removal, and storage services and
2) Approve various blanket purchase orders for Fiscal Year 2023/2024 (“FY 23/24”) for AAA Flag and Banner Manufacturing Company, Inc. dba A3 Visual in an amount not to exceed $302,100.

INTRODUCTION
On March 31, 2023, the City released a request for proposals (“RFP”) for banner fabrication, installation, removal, and storage services. Three responses were received by the close of the RFP on April 21, 2023. All responses were evaluated by City staff, and AAA Flag and Banner Manufacturing Company, Inc. dba A3 Visual (“A3 Visual”) received the highest rating. Due to this, staff is requesting the City Council award a fiveyear agreement to A3 visual, with a not to exceed amount of $302,100 for Fiscal Year (“FY”) 2023-2024 and a total not to exceed amount for the five year term of the Agreement of $1,669,292.

Attachment: 1. Agreement
E-20
Meeting Date: June 27, 2023

Page 2 of 3 ends

DISCUSSION
On March 31, 2023, staff in the Policy & Management Department released RFP-23- 010-02 for banner fabrication, installation, removal, and storage services. with a closing date of April 21, 2023. The RFP was issued through PlanetBids where 43 companies were notified the City was seeking a contractor to provide city-wide banner fabrication, installation, removal, and storage services for various banner campaigns (such as the Art Show, Nowruz, Earthquake Preparedness, Holiday Banners, and Concours d’Elegance) and other banners services that may be requested by the City.

On April 21, 2023, the City received three responses to the RFP. The companies that responded were A3 Visual, CR&A Custom Inc., and Gold Metropolitan Media. A selection committee was formed with staff from Community Services, Policy & Management, and the Public Works Department to evaluate the three responses using the following criteria:
• Completeness and thoroughness of the proposal. The ability, capacity, flexibility, and skill of the respondent to provide quality performance under the contract, as evidenced by the quality of any demonstration, client references, and any prior contracts with the City.
• Understanding of the background and requirements of the Scope of Work. • Demonstrated experience and qualifications.
• Ability to provide banner fabrication, installation, removal, and storage services as outlined in the scope of work.
• Work experience with other government and/or public sector agencies. • Responsiveness of the proposal to specifications described in the RFP, including whether the respondent has agreed to the contracting requirements set forth in this RFP.

After reviewing the scores, staff is recommending the City Council award one, five-year agreement to A3 Visual as the company received the highest overall average score when rated for the seven categories listed above.

FISCAL IMPACT
The table below reflects the cost per fiscal year for the five-year agreement with A3 Visual. The FY 2023-2024 costs are based on actual anticipated expenses by six City departments. A five percent escalator per year for each remaining fiscal year was added to the consideration of the agreement due to the potential of additional banner campaigns the City may desire to execute in future years. The $1,669,292 shown in the table is a total not to exceed amount. The City is not obligated to expend this amount of funding each year with A3 Visual. As part of the annual blanket purchase order approval process, the City Council will be asked each year to approve various city-wide purchase orders for these services that will not exceed the amounts listed below.

Fiscal Year Not to Exceed
2023-2024 $302,100
2024-2025 $317,205
2025-2026 $349,718
2026-2027 $349,718
2027-2028 $367,204
Total $1,669,292
Meeting Date: June 27, 2023

Page 3 of 3 ends

For FY 2023/2024, funding has been requested by each Department as follows below. If approved, individual blanket purchase orders will be issued for each of the departments in the respective amount indicated below:

Department Amount
City Clerk $20,000
Community Services Department $65,000
Fire Department $20,000
Policy & Management $120,000
Police Department $20,000
Public Works Department $57,100
Total NTE $302,100
Should the City Council adopt the FY 2023/2024 budget as proposed on June 27, 2023, then funding exists in the department budgets listed above to cover the costs of banner fabrication, installation, removal, and storage services; therefore, no appropriation by the City Council is required.

Keith Sterling
Deputy City Manager
Approved By
Attachment 1
1 B0785-0001\2822226v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AAA FLAG AND BANNER MANUFACTURING COMPANY, INC.

DBA A3 VISUAL FOR BANNER FABRICATION, INSTALLATION,

REMOVAL, AND STORAGE SERVICES
NAME OF CONTRACTOR: AAA Flag and Banner Manufacturing
Company, Inc. dba A3 Visual
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Craig Furst, President CONTRACTOR’S ADDRESS: 8955 National Blvd.

Los Angeles, CA 90034
Attention: Craig Furst, President
CONTRACTOR’S E.I.N/TAX I.D. NO.: 95-2921050
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City
Manager
COMMENCEMENT DATE: July 1, 2023
TERMINATION DATE: June 30, 2028
CONSIDERATION: Not to exceed:

Fiscal Year (“FY”) 2023/2024 - $302,100
FY 2024/2025 $317,205
FY 2025/2026 $333,065
FY 2026/2027 $349,718
FY 2027/2028 $367,204
Total not to exceed: $1,669,292
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 2 B0785-0001\2822226v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AAA FLAG AND BANNER MANUFACTURING COMPANY, INC.

DBA A3 VISUAL FOR BANNER FABRICATION, INSTALLATION,

REMOVAL, AND STORAGE SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and AAA Flag and Banner Manufacturing Company, Inc. dba A3 Visual (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 3 B0785-0001\2822226v2.doc
(c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 4 B0785-0001\2822226v2.doc
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 5 B0785-0001\2822226v2.doc
CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 6 B0785-0001\2822226v2.doc
(Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20___, at Beverly Hills,
California.
[Signatures follow]
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 7 B0785-0001\2822226v2.doc

CITY OF BEVERLY HILLS
A Municipal Corporation
___________
JULIAN A. GOLD, M.D.

Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: AAA FLAG & BANNER
MANUFACTURING COMPANY, INC.
______

CRAIG FURST
President

GENE LESNIAK
CFO
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager

KEITH STERLING
Deputy City Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 8 B0785-0001\2822226v2.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform the following services to the satisfaction of CITY:

CONTRACTOR shall fabricate, install, remove, store, clean and repair as needed on a nonexclusive basis CITY vertical banners, overhead street banners, and all elements and components thereof ("banners") for the CITY's special events, programs, and initiatives.

CONTRACTOR shall obtain any required CITY permits to perform the work at no cost to CONTRACTOR. All banners shall be installed so as not to create an unsafe condition on the public street or public right of way. Specifically, but not by way of limitation, such banners shall be installed to withstand rain, wind, gusts and other inclement weather typical in CITY, and shall be located and installed in such a manner as to avoid, to the greatest extent feasible, vandalism and theft.

If needed, CONTRACTOR shall change the graphics and text on the banners as directed by CITY and CITY shall compensate CONTRACTOR for such services as mutually agreed upon by the parties in writing.

CONTRACTOR is responsible for banner installation and removal citywide or in a localized area, which may include installing banners in one part of CITY and driving to another part of CITY for banner removal on the same day.

CONTRACTOR is responsible for storing the banners before and after scheduled installations as requested, and to install/remove the banners with CONTRACTOR's own tools, equipment, and machinery. CONTRACTOR is responsible for removal and cleaning of banners for reuse the following year or when the need for them returns. While in the possession of CONTRACTOR, banners shall be inventoried and stored in conditions to preserve their quality for reuse the following year or when the event returns. Prior to installation, CONTRACTOR shall clean stored banners.

CONTRACTOR shall purchase, repair, and maintain all equipment required to complete the installation of banners, including brackets, cables and tools.

CONTRACTOR, at their own expense, shall at all times maintain the condition of all equipment in a satisfactory operating condition to preserve the safety of CONTRACTOR's staff and to ensure that the banner installation is as secure as possible once it is installed. Additionally, CONTRACTOR shall take every precaution for the safety of their employees performing installation and removal services, while also protecting members of the public and private property both before, during, and after performing their work.

CONTRACTOR shall provide at all times throughout the duration of this Agreement, telephone numbers which can be called during emergencies at any time CONTRACTOR's representatives are not immediately available. The emergency number shall be used to contact a responsible representative of CONTRACTOR who can take the necessary action required to alleviate an DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 9 B0785-0001\2822226v2.doc
emergency situation, which threatens the safety of members of the public and/or to public or private property.

CITY reserves the right to preempt the use of any banner location at any time for an emergency and/or if necessary to protect the health, safety, and welfare of the public.

CONTRACTOR is responsible for the maintenance of the installed banners, and throughout the duration of an installation and may be required to:
 lift sagging banners,
 straighten crooked banners,
 reinstall fallen banners,
 repair bent banner poles, and
 replace broken brackets and/or failed cables.

CONTRACTOR shall perform all installation and removal work at night between 12 a.m. and 7 a.m. CONTRACTOR shall limit impact to residents and businesses in the form of noise, lights, or any disruption to the peaceful enjoyment of private property and the public right-of-way.

Information provided to CONTRACTOR by CITY for banner fabrication, installation, and storage services may be time sensitive. Upon receipt of the final print file, CONTRACTOR and CITY will mutually agree in writing upon a time frame for fabrication and installation. CONTRACTOR shall provide a proof to CITY for written approval prior to performing the requested fabrication and installation service as requested. CITY shall approve the proof in writing before CONTRACTOR fabricates the entire batch of materials. On occasion, CITY may request expedited, banner fabrication, installation, and storage services from CONTRACTOR. CITY shall compensate CONTRACTOR for the expedited request as outlined in Exhibit B.

CITY may request CONTRACTOR to perform as needed services not explicitly outlined in this Agreement as mutually agreed upon by CITY and CONTRACTOR in writing prior to the performance of the work.

CONTRACTOR shall make repairs to all damaged banners and banner poles within twenty-four (24) hours of identification or notification of any problems by CITY. If CONTRACTOR is unable to make the repair within twenty-four (24) hours, then CONTRACTOR shall notify CITY of the anticipated time to complete the repair and/or remove the damaged banner and/or banner pole.

CITY and CONTRACTOR shall mutually agree upon the time frame to repair and/or replace the damaged banner and/or banner pole should the timeframe exceed twenty-four (24) hours.

II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 10 B0785-0001\2822226v2.doc
C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 11 B0785-0001\2822226v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement and for as-needed services not explicitly outlined in this Agreement in an amount not to exceed Three Hundred Two Thousand One Hundred Dollars ($302,100.00) for Fiscal Year (“FY”) 2023/2024; Three Hundred Seventeen Thousand Two Hundred Five Dollars ($317,205.00) for FY 2024/2025; Three Hundred Thirty-Three Thousand Sixty-Five Dollars ($333,065.00) for FY 2025/2026; Three Hundred Forty-Nine Thousand Seven Hundred Eighteen Dollars ($349,718.00) for FY 2026/2027; and Three Hundred Sixty-Seven Thousand Two Hundred Four Dollars ($367,204.00) for FY 2027/2028 for a total not to exceed amount of One Million Six Hundred Sixty-Nine Thousand Two Hundred Ninety-Two Dollars ($1,669,292) based on the costs outlined below. For any as-needed services not explicitly outlined in this Agreement, CITY shall compensate CONTRACTOR in an amount mutually agreed upon by CITY and CONTRACTOR in writing prior the performance of the work.

Each engagement will be set forth in writing in a written quote to be approved by CITY in writing before any work, billing, or demand for payment will be initiated at the rates set forth in this Exhibit B. Each quote shall contain an estimated cost for the engagement along with a not to exceed amount which shall include all labor and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not to exceed amount, then CONTRACTOR shall obtain the prior written permission of CITY to such increase.

Each engagement for service for the work described in Exhibit B shall be based on the rates set forth in this Exhibit B.

Streetlight Pole Banner Install/Removal
No. of Poles Price per 3'9" w x 10'7" h
Banner for Install/Removal
1 to 10 $990.00 flat
11 to 15 $89.50 each
16 to 25 $79.50 each
26 to 50 $74.50 each
51 to 99 $67.50 each
100 or more $57.50 each
Streetlight Pole Banner Fabrication
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 12 B0785-0001\2822226v2.doc
No. of Units Price per 3'9" w x 10'7" h
Banner for Fabrication
Price per
Square Foot
1 to 10 $214.00 each $2.37
11 to 15 $214.00 each $2.37
16 to 25 $192.00 each $2.13
26 to 50 $192.00 each $2.13
51 to 99 $182.00 each $2.01
100 or more $182.00 each $2.01
Street Span and Wall Banner Install/Removal
No. of Units Type Price per Street Span and Wall Banner Install/Removal
1 to 10 8'x5' vinyl To be quoted on an individual project basis 10 or more 8'x5' vinyl To be quoted on an individual project basis 1 to 10 8'x5' mesh To be quoted on an individual project basis 10 or more 8'x5' mesh To be quoted on an individual project basis 1 to 10 4'x7' vinyl To be quoted on an individual project basis 10 or more 4'x7' vinyl To be quoted on an individual project basis 1 to 10 4'x7' mesh To be quoted on an individual project basis 10 or more 4'x7' mesh To be quoted on an individual project basis 1 to 10 8'x7' vinyl To be quoted on an individual project basis 10 or more 8'x7' vinyl To be quoted on an individual project basis 1 to 10 8'x7' mesh To be quoted on an individual project basis 10 or more 8'x7' mesh To be quoted on an individual project basis 1 to 10 20'x7' vinyl To be quoted on an individual project basis 10 or more 20'x7' vinyl To be quoted on an individual project basis 1 to 10 20'x7' mesh To be quoted on an individual project basis DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 13 B0785-0001\2822226v2.doc
No. of Units Type Price per Street Span and Wall Banner Install/Removal
10 or more 20'x7' mesh To be quoted on an individual project basis 1 to 10 42'x12' vinyl To be quoted on an individual project basis 10 or more 42'x12' vinyl To be quoted on an individual project basis 1 to 10 42'x12' mesh To be quoted on an individual project basis 10 or more 42'x12' mesh To be quoted on an individual project basis 1 to 10 28'x12' vinyl To be quoted on an individual project basis 10 or more 28'x12' vinyl To be quoted on an individual project basis 1 to 10 28'x12' mesh To be quoted on an individual project basis 10 or more 28'x12' mesh To be quoted on an individual project basis 1 to 10 24'x12' vinyl To be quoted on an individual project basis 10 or more 24'x12' vinyl To be quoted on an individual project basis 1 to 10 24'x12' mesh To be quoted on an individual project basis 10 or more 24'x12' mesh To be quoted on an individual project basis Street Span and Wall Banner Fabrication
No. of
Units
Type Price per Street Span
and Wall Banner
Fabrication
Price per Square Foot
1 to 10 8'x5' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 8'x5' vinyl To be quoted on an
individual project basis To be quoted on an
individual project basis
1 to 10 8'x5' mesh To be quoted on an
individual project basis To be quoted on an
individual project basis
10 or more 8'x5' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 14 B0785-0001\2822226v2.doc
No. of
Units
Type Price per Street Span
and Wall Banner
Fabrication
Price per Square Foot
1 to 10 4'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 4'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 4'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 4'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 8'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 8'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 8'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 8'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 20'x4' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 20'x4' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 20'x4' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 20'x4' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 20'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 20'x7' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 20'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 15 B0785-0001\2822226v2.doc
No. of
Units
Type Price per Street Span
and Wall Banner
Fabrication
Price per Square Foot
10 or more 20'x7' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 42'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 42'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 42'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 42'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 28'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 28'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 28'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 28'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 24'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 24'x12' vinyl To be quoted on an
individual project basis
To be quoted on an
individual project basis
1 to 10 24'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
10 or more 24'x12' mesh To be quoted on an
individual project basis
To be quoted on an
individual project basis
Expedited Banner Fabrication and Installation/Removal Charge:

To be quoted on an individual project basis in writing and subject to written approval of CITY.

Fee for Changing Graphics and Text on Banners:

To be quoted on an individual project basis in writing and subject to the written approval of CITY DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 16 B0785-0001\2822226v2.doc
CONTRACTOR shall submit an itemized statement to CITY for its services performed, which shall include documentation setting forth in detail a description of the services rendered. CITY shall pay CONTRACTOR the undisputed amount of such billing within thirty (30) days of receipt of same.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 B0785-0001\2822226v2.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

DocuSign Envelope ID: 05C0312E-5330-4DB7-8F7C-37D1FBF9F011 Certificate Of Completion
Envelope Id: 05C0312E53304DB78F7C37D1FBF9F011 Status: Sent Subject: A3 Visual Agreement - June 27 CC Meeting
Source Envelope:

Document Pages: 17 Signatures: 5 Envelope Originator:

Certificate Pages: 3 Initials: 0 Cindy Owens
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
6/8/2023 4:48:57 PM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.62.172
Signed using mobile
Sent: 6/8/2023 4:54:27 PM
Viewed: 6/8/2023 5:39:39 PM
Signed: 6/8/2023 5:40:06 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Craig Furst
[email protected]
CEO & President
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 12.110.192.178
Sent: 6/14/2023 8:23:03 AM
Viewed: 6/14/2023 8:37:22 AM
Signed: 6/14/2023 8:37:38 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gene Lesniak
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 108.230.217.204
Sent: 6/14/2023 8:23:04 AM
Viewed: 6/14/2023 11:10:45 AM
Signed: 6/14/2023 11:11:24 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.32.211.128
Sent: 6/8/2023 5:40:07 PM
Resent: 6/14/2023 8:21:31 AM
Viewed: 6/17/2023 8:09:20 PM
Signed: 6/17/2023 8:09:31 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 6/8/2023 5:40:07 PM
Viewed: 6/9/2023 6:38:33 AM
Signed: 6/9/2023 6:38:40 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2023 8:09:32 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michelle Ramos-Vergara
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/8/2023 4:54:28 PM
Envelope Updated Security Checked 6/14/2023 8:23:02 AM
Envelope Updated Security Checked 6/14/2023 8:23:02 AM
Envelope Updated Security Checked 6/14/2023 8:23:02 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Envelope Updated Security Checked 6/14/2023 8:23:03 AM
Payment Events Status Timestamps

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