To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jonathon Harmon, Parks and Recreation Director
April 15, 2025
Amendment No. 2 to the Professional Services Agreement with Westamerica Communications, Inc. for the Publication and Distribution of Recreation Brochures
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the Professional Services Agreement for the publication and distribution of recreation brochures with Westamerica Communications, Inc.; and,
2. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreements and future amendments to the agreement, subject to the City Attorney making non-substantive changes.
BACKGROUND
On August 2, 2022, the City Council approved a Professional Services Agreement with Westamerica Communications, Inc. for the publication and distribution of the City Parks & Recreation Brochures and Postcards (Attachment A). At the time, the City required the work of a qualified firm for the publication and distribution of the City's Parks & Recreation Brochures and Postcards, and Westamerica Communications, Inc. was selected through a competitive RFP process to publish the brochure two times per year, as well as postcards four times per year. The adopted agreement is for a three-year term through June 30, 2025, with two (2) additional one-year optional extensions that the City Manager may administratively approve through June 30, 2027.
Upon completion of the first year of the agreement, it was determined that postage costs were estimated at the time of each publication project and were not included in the proposal and agreement. On September 7, 2023, the City Council approved Amendment No. 1 to the Professional Services Agreement with Westamerica to include postage costs of the projects listed in the scope of services (Attachment B).
ANALYSIS
Through both practice and analysis, staff has found that program registration, special event attendance, and revenue from recreation programs and classes increases significantly when quarterly recreation brochures are printed and mailed to residents.
Under the current agreement, the quarterly recreation brochures are printed and mailed to residents twice per year in the spring and summer and are also accessible on the City website. The fall and winter quarterly recreation brochures are only currently available on the City website and as a result experience lower registration and participation rates.
To maximize program registration, special event attendance, and recreation program revenue, staff recommends that the City Council increase the annual contract amount to print and mail brochures every quarter, instead of just twice annually. Amendment No. 2 to the Professional Services Agreement with Westamerica Communication Inc. will increase the contracted expenditure amounts for each of the two remaining one year extensions to the agreement to account for the additional printing and mailing services (Attachment C). Amendment No. 2 will increase the annual not-to-exceed by $14,000 as follows:
• July 1, 2025- June 30, 2026: $154,046 (current adopted expenditure)+ $14,000 = $168,046
• July 1, 2026- June 30, 2027: $171,728 (current adopted expenditure)+ $14,000 = $185,728
In addition, Amendment No. 2 will exercise the first of the two one-year extensions, extending the contract term to June 30, 2026.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 2 to the Professional Services Agreement with Westamerica Communication Inc. This alternative is not recommended, as residents have provided positive feedback about the seasonal Parks & Recreation brochure being mailed to residents quarterly. Further, staff has found that a printed brochure increases promotion and participation in the classes and programs, offering more value to contract class instructors.
FISCAL REVIEW
Funding for this agreement has been included in the Fiscal Year 2025-2027 budget.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved Amendment No. 2 and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the Professional Services Agreement for the publication and distribution of recreation brochures with Westamerica Communications, Inc.; and,
2. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreements and future amendments to the agreement, subject to the City Attorney making non-substantive changes.
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Tamara S. Letourneau •
City Manager
ecreation Director
Attachments:
Scott C. Smith
City Attorney
A. Professional Services Agreement with Westamerica Communications, Inc.
B. Amendment No. 1 to Professional Services Agreement with Westamerica Communications, Inc.
C. Amendment No. 2 to Professional Services Agreement with Westamerica Communications, Inc.
ATTACHMENT A
Professional Services Agreement with Westamerica Communications, Inc.
PROPOSED AGREEMENT FOR PROFESSIONAL SERVICES
Publication and Distribution of Recreation Brochures and Postcards nns AGREEMENT is made and entered into the 2nd day of August, 2022, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Westarnericault\M~1~ a California Corporation hereinafter the "Consultant". ,tJ, • RECITALS:
1. City requires publication and distnbution of recreation brochures two (2) times per year and postcards quarterly, (4) times per year, to residentsoftheCity
2. • City circulated a Request for Proposal for the above-described services on June l, 2022
3. Consultant submitted a proposal to the City to provide the required services on June 15, 2022
4. City staff has reviewed all of the proposals and staff, after considering the qualifications, proposed staff: work plan. and the fairness and reasonableness of Consultant's proposed cost, bas determined that an agreement to provide the required services should be awarded to Consultant
5. The City desires to enter into an agreement with Consultant for Consultant to provide required services.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Services to be Performed by Consultant. Consultant agrees to perfonn the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in Consultant's proposal dated June 15, 2022, ("Scope of Work") which is attached hereto as Exhibit "A".
2. Additional or Different Services. Any proposed changes in the Scope of Work and/or professional services which are the subject of this Agreement shall be made only by written amendment to this Agreement
3. Tenn. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 subject to tennination as provided in paragraph 27 except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The City Manager may extend the term of this agreement for up to two one-year tenns if the City Manager determines that the Consultant's --,
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perfonnance is satisfactory and that each extension is in the interest of the City.
4. Payment for Services. City agrees to pay Consultant for providing the services which is described in Exhibit
11 A
11 , and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B
11 • The total not to exceed amount that the City will pay for the Scope of Work shall not exceed the following: (1) $86,383 in the first fiscal year of the Agreement (July 1, 2022 through June 30, 2023); (2) $98,840 in the second fiscal year of the Agreement (July 1, 2023 through June 30, 2024); (3) $112,800 in the third fiscal year of the Agreement (Joly 1, 2024 through June 30, 2025); (4) if the option is exercised, $129,046 in the fourth fiscal year of the Agreement (Joly I, 2025 through June 30, 2026); and (5) if the option is exercised, $146,728 in the fifth fiscal year of the Agreement (July l, 2026 through June 30, 2027).
Upon submission of each invoice, if the City is satisfied that the Consultant has perfonned the services described therein, the City shall promptly approve the invoice, in which event, payment shall be ma.de within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice.
5. Ownership of Docwnents and Drawings. AU original drawings, plans, designs, reports, notes, calculations, maps, and other docwnents developed during the course of Consultant providing the professional services required by Exhibit "A" shaU be the property of the City and shall be provided by Consultant to City upon their completion. Further, even if this Agreement is tenninated, said documents shall be the property of the City and may be used by City as it detennines appropriate.
6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein when reasonably requested by City.
7. Consultant to Supply Instrwnentalities. Consultant shall supply aU instrumentalities and tools required to perform the services under this Agreement
8. Licenses; Standard of Care.
a. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or pennitted under state and local law to perfonn such services. Consultant represents and warrants to City that it has all licenses, pennits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, pennits, and other approvals during the term of this Agreement.
b. Consultant shall perfonn the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the perfonnance of work pursuant to this Agreement. Should any errors caused by Consultant be fo1D1d in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work product(s) called for in the Scope of Work to eliminate the errors.
9. Legal Responsibilities. Consultant shall keep itself infonned of all State and Federal laws and regu]ations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
In requesting pennission to subcontract arty portion of the services contemplated by this Agreement, Consultant shall provide to City a precise written description of:
a. The nature and scope of the work to be subcontracted, and the reason(s) such subcontracting is required or desired.
b. The qualifications of the subcontractor.
c. A statement signed by such subcontractor indicating that the subcontractor is not representing or providing services to any party, either by contract, subcontract, or other arrangement which party has interests which could reasonably be perceived as adverse to those of City, and that if approved as
subcontractor with regard to the subject Agreement between City and Consultant, said subcontractor will abide by all pertinent provisions of the Agreement between City and
Consultant including, but not limited to providing direct written notice to City consistent with the procedures set forth in Section 11 of such Agreement in the event subcontractor finds itself representing or being requested to represent a party whose interest(s) may reasonably appear to be adverse to those of City. Subcontractor shall also provide a copy of such notice to Consultant.
12. Independent Consultant. Consultant is and shall at all time remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.
Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
13. Administration. This Agreement will be administered by the Parks and Recreations Department. The Parks and Recreations Director or designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Parks and Recreations Director or designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
14. Progress. Consultant is responsible to keep the Project Administrator and/or designee infonned on a regular basis regarding the status and progress of the work being perfonned pursuant to this Agreement
15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant t h at a r e c o n s i s t e n t w i t h t b i s A g r e e m e n t and provide access to all documents reasonably necessary for the perfonnance of ConsuJtant's duties under this Agreement with the exception of those documents which the Scope of Work calls upon the Consultant to prepare.
16. Confidentializy. No news releases, including photographs, public announcements, or confinnations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from perfonning the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
17. Conflicts of Interest Consultant represents that it is not cwrently engaged in and has not contracted to perfonn work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perfonn work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work perfonned by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Refonn Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work perfonned under this Agreement, and (2) prolnbits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City . .
18. Indemnification. Consultant shall indemnify, protect, defend and hold hannless, City and its Council members, officers, employees, agents, and representatives from any suits, claims, actions, liability or damages of whatsoever kind and nature that may arise from or is in any way related to Consultant's perfonnance of work pursuant to this Agreement, up to the limits of Consultant's insurance policy. This provision shall survive the term of this Agreement.
19. Insurance. Consultant shall obtain and provide and maintain at its own expense during the tenn of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insmer to bind coverage on its behalf and must be filed with the City prior to exercising any right or perfonning any work pursuant to this Agreement. Said policy or policies shall be with insurance carriers admitted to do business in the State of California. The City of Laguna Niguel and its Council members, officers, employees, agents, and representatives shall be named as additional insureds under the policies required by subparagraphs a.(2). and a. (3). for all liability arising from Consultant's perfonnance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
a. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, ifrequested by City, of the following insurance coverage:
(I) Worker's compensation insurance covering all employees and principals of Consultant that is of a minimum amount of $1 million per accident and is in accordance with the laws of the State of California and Employers Liability Insurance in the amount of$100,000.
(2) General liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If general liability insurance or other fonn with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit.
(3) Auto liability and property insurance covering any owned, hired and non owned vehicles of Consultant in a minimum amount of $2 million combined single limit per accident for bodily injury and property damage. (4) Professional liability insurance, or errors and omissions insurance, for claims for bodily injury, death, property damage, or economic loss which may arise from the perfonnance of the Consultant's work under this Agreement. Such policies shall be in the amount of $2 million per occurrence and in the aggregate.
b. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after sixty (60) days prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of any claim made or suit instituted against Consultant pertaining to Consultant providing services pursuant to this Agreement Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the services under this Agreement.
c. Consultant shall include subcontracting consultants, if any, as insureds under its policies or shall fimrish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein.
20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other fonns of compensation, and selection for training, including apprenticeship.
21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Work.
22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed 1mder this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during nonnal business hours to examine, audit, and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
23. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY:
City of Lagwia Niguel
Attn: City Manager
30111 Crown Valley Parkway
Laguna Niguel, California 92677
CONSULTANT:
Westamerica
Attn: Dan Ryan, Account Executive
26012 Atlantic Ocean Drive
Lake Forest, CA 92630
24. Eatire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Exhibit "A" hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not em.bodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
27. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the other party that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days [or some other appropriate period of time] in advance of the termination date. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3. If City terminates this Agreement pursuant to this paragraph, Consultant's compensation shall be paid based on the percentage of the required services performed
28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other tenn or condition of this Agreement
29. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that pmpose, in addition to any other relief to which that party may be entitled.
30. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
32. Authority to Sign. The person [or persons] executing this Agreement on behalf of the Consultant warrants and represents that he [she/they] bas [have] the authority to execute this Agreement on behalf of the Consultant and has [have] the authority to bind the Consultant to the perfonnance of the obligations hereunder.
Ill
IN WTINESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CffY"
CITY OF LAGUNA NIGUEL
AITEST:
APPROVED AS TO FORM BY TIIE
CITY ATIORNEY FOR TIIE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Nicholas Ghirelli
Interim AeeiotM.,City Attorney
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"CONSUL TANT"
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IN WITNESS WHEREOF, the parties hereto have execumd this Agreement as of the date first above written.
ATI'EST:
Marissa Asistin,
City Clerk
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CITY OF LAGUNA NIGUEL
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APPROVED AS TO FORM BY nm
CITY A TTORNEYFOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
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Interim ~eoiBIIBl.'tCity Attorney
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Exhibit"A"
SCOPE OF SERVICES
SCOPE QE WORK
The City of Laguna Niguel (City) publishes a Recreation Brochure two (2) times per year, and postcards four (4) times per year that are delivered to approximately 26,178 postal customers. The City is requesting proposals from qualified consultants to provide full production of the Parks & Recreation Brochures and Postcards (i.e., graphic design, art direction, layout, typesetting, printing, and mailing services) that detail available activities, camps, classes, programs, and events.
The Consultant shall:
• Have experience creating similar projects within the last three (3) years, providing the same or similar services requested in this RFP and provide sample( s) of their work. • Provide sufficient staff and/or sub-consultants available with experience in the disciplines required for this service.
• Provide a dedicated representative who can effectively communicate with City staff and respond quickly throughout the workday while working on said projects. • Incur any costs that result from errors in the typesetting, design, or layout of the final approved version of the brochure.
• Be responsible for alt design work, stock photo cost, color separation, set-up, cropping, etc. Photos for the front cover and inside pages may be provided by the City to be incorporated into design. • Have their printer located within twenty (20) miles from the City and be able to deliver printed material in a timely manner, as requested by City.
• Submit the fmal draft of the Parks & Recreation Brochure through a safe and secure file transfer site (FTS) service.
• Submit a copy of their Disaster Recovery Handbook and Protocol.
PROCESS
The City will provide the Consultant with all class and event infonnation in a Word document and the Consultant shall provide all of the services required to complete the publications.
FREQUENCY
The City requires two (2) brochure issues per year and one (1) postcard per quarter, for a total of four (4) postcards per year, totaling six (6) print projects per year. Quarters include Summer (JW1e-August), Fall (September-November), Winter (December- February), Spring (March-May).
QUANTITY
28,000 brochures and postcards per print cycle, two (2) brochure issues per year and one (1) postcard per quarter, (Quantity may vary as City population fluctuates). Quantity to include approximately 1,822 remaining print materials not directly mailed (EEDM), which will be delivered to Crown Valley Community Center.
PRINTING
Sheets fed offset only. Consultant shall also be capable of in-house digital printing.
PAYMENT
The Consultant shall invoice the City for payments corresponding to the work actually completed for each brochure and postcard. The City will submit a check for payment within thirty (30) days from receipt of the invoice.
PAGES
Each brochure shall include no more than thirty-six (36) pages including cover. (Page quantity may vary for special additions). Postcards will be two sided.
PAPERSTOCK
Brochure - Seventy (70) pound White House Gloss Book Postcard - One Hundred ten (110) pound Regular Gloss Cardstock
COVER STOCK.
Brochure- One hundred (100) pound White House Gloss Book COLOR
Brochure and Postcard shall be full color
SIZE
The Brochure shall be no larger than 8 - 8.5 inches wide and 10.5 - 11 inches high.
The Postcard shall be between 5.5 - 11 inches wide and between 4 - 6 inches high.
DRAFT PROCESS
The graphic designer and City staff will work closely to complete multiple working drafts (showing corrections) of the brochure and/or postcard. The graphic designer must be accessible Monday through Friday from 8:00 a.m. to 5:00 p.m. until approved corrections are made.
PROOFS
The Consultant shall provide the City with one (1) high-resolution (blue line) physical and digital proof of the entire brochure and/or postcard. Additional proofs are required within twenty- four (24) hours until approved corrections are made.
BINDERY
The Consultant shall trim, fold, in-house saddle stitch, and prepare printed material for mailing.
ARTWORK
In-house full color design, concept design, photos, and production art. The Consultant shall provide design of front and back brochure cover and/or postcard artwork. The City shall provide a Microsoft Word document of information and the Consultant shall transfer the information to digital files (both lnDesign and PDF Format). The Consultant must also have access to stock photos (public domain and non-copyrighted materials) that include images of people, recreation activities, special events, etc. The Consultants in-house design team must be available Monday through Friday, 8:00 a.m. to 5:00 p.m.
MAILING
The selected printing company must have in-house mailing capabilities and cannot be sourced out.
The Consultant shall utilize Every Door Direct Mail (EDDM) to mail brochure to Postal Local Customers in the City. The Consultant must also have access to residential mailing list/ routes for ZIP Code 92677.
POSTAGE
The Consultant shall obtain precise postage pricing (for each issue) from the United States Postal Service (USPS), based on weight and exact quantities required for mailing to every resident and business address in the City. The Consultant shall pay for all postage costs prior to brochures and/ or postcards being mailed to City residents. Such costs shall be added to invoices and paid as described in the ''Payment" section. The Consultant shall also be responsible for picking up previously issued surplus brochures and recycle responsibly.
DELIVERY
Deliver the respective number of recreation brochures and/or postcards to USPS for delivery to City residents, which include an approximate amount of+/- 26,178 per print run of either brochures or postcards (quantity may vary as City population fluctuates). All brochures and postcards shall meet the USPS standards for bulk rate mail. The Consultant shall file the necessary paperwork with the USPS for receipt and delivery. The Consultant shall also deliver+/- 1,800 brochures and/ or postcards to Crown Valley Community Center, and delivery of those brochures and/or postcards should be no later than the tenth day after getting final approval of the proof from the City. Proof of delivery to USPS is required.
PROTECT SCHEDULE
A calendar of deadlines will be provided to the Consultant annua1ly. The approximate USPS delivery dates are listed below, but delivery dates/timelines are subject to change based on current and best marketing practices which may fluctuate:
BROCHURES
• Camps - First week of March
• Swnmer - Last week of April
POSTCARDS
• Fall - First week of August
• Winter - First week of November
• Spring - First week of February
• Summer - Last week of April
Exhibit "B"
COMPENSATION
PRICE SJJMMABY 5UEEI
Enter below the proposed price for the services described in the Scope of Work, Exhibit A.
Prices shall include direct costs, indirect costs, tax and profits. The quantities provided below are for RFP evaluation pwposes only. The City's intention is to award a fixed unit-price type contract.
QUARTER UNIT PRICE Quantity Total (per postcard)
Fall 2022 $0.18 28,000 $5,040
YEARl Winter 22-23 $0.18 28,000 $5,040
Spring 2023 $0.193 28,000 $5,404
Summer2023 $0.193 28,000 $5.404
TOTAL= $20,888
2/yr. 36 pgs. UNITPRICE Quantity Total (per brochure)
YEARl Camps2023 $1.13 28,000 $31,640
Summer2023 $1.21 28,000 $33,855
TOTAL= $65,495
QUARTER UNIT PRICE Quantity Total ( per postcard)
Fall 2023 $0.21 28,000 $5,880
YEAR2 Winter 23-24 $0.21 28.000 $5.880
Spring 2024 $0.22 28,000 $6,160
Summer2024 $0.22 28,000 $6,160
TOTAL= $24,080
2/yr. 36 pgs. UNITPRICE Quantity Total (per brochure)
YEAR2 Camps2024 $1.29 28,000 $36,120
Summer2024 $1.38 28,000 $38,640
TOTAL= $74,760
QUARTER UNIT PRICE Quantity Total (per postcard)
Fall 2024 $0.235 28,000 $6,580
YEAR3 Winter 24-25 $0.235 28,000 $6,580
Spring 2025 $0.25 28,000 $7,000
Summer 2025 $0.25 28.000 $7.000
TOTAL= $27,160
2/yr. 36 pgs. UNIT PRICE Quantity Total (oer brochure)
YEAR3 Camps2025 $1.48 28,000 $41,400
Summer2025 $1.58 28,000 $44,240
TOTAL= $85,640
QUARTER UNIT PRICE Quantity Total (oer postcard.)
Fall 2025 $0.2675 28,000 $7,490
YEAR4 Winter 25-26 $0.2675 28,000 $7,490
Spring 2026 $0.286 28,000 $8,008 (Option) Summer2026 $0.286 28,000 $8.008 TOTAL= $30,996
2/yr. 36 pgs. UNIT PRICE Quantity Total <ner brochure)
YEAR4 Camps2025 $1.69 28,000 $47,370
(Option) Summer2025 $1.81 28,000 $50,680
TOTAL= $98,050
QUARTER UNITPRICE Quantity Total (per-postcard)
Fall 2025 $0.306 28,000 $8,568
YEARS Winter 25-26 $0.306 28,000 $8,568
Spring 2026 $0.327 28,000 $9,156 (Option) Summer2026 $0.327 28,000 $9,156 TOTAL= $34,448
2/yr. 36 pgs. UNITPRICE Quantity Total (per brochure)
YEARS Camps2025 $1.94 28,000 $54,320
(Option) Summer2025 $2.07 28,000 $57,960
TOTAL= $112,280
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange }
On !:ee.~*-· ...... b.....,....,i - ~2=0=2=2 before me, ------=-O....;;;;u=c--=L=e.,__, .;...N=o=ta=r.,_y...;._P....;;;;u=b=lic;;..._ ____ __, (insert name and title of the officer)
personally appeared _DO~~ h S: fuo.,i f ftu1i t2 /M,ii!j}; 12 el, -l'L/1 .- S who proved to me on the ba is of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument ~nd 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) atted, executed the instrument.
I certify under PENAL.JV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. f • DUC LE "'"1
:a. COMM. #2363524 J
v4
i · ·a:. Notary Public • California g
l Orange County j
-• "" Mi Com!", ~e!!l;~ ~une 3~;-~025
Nota r (Seal)
--~- - OPTIONAL INFORMATION - - --
DOCUMENT SIGNER CAPACITY
f½r..Pv tifJ11. f cA-: P ra+ RSSi(yl{,_u_ 121 vi' c_-6 _ ______ _ (name or type of document) (cap.aclty claimed by the signer) (numbe,~ pag,-s)- -
NOTICE
J,., d ~(17 rifL..J-¢--lHE NOTARY PUBLIC DOES NOT
(document C:~e~T CERTIFY THE AUTHORIZED
CAPACITY OF THE SlGNER
-· --·----· --------~
WESTCOM-01 AANAYA
ACORD " CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/OOIVYYYI
~ 9/12/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rlahts to the certificate holder In lieu of such endorsement(s).
PRODUCER S9HI~CT
PIASC Insurance Services, Inc. W~iio, EXtl: (323) 400-6705 l r.e~.No): 5800 S. Eastern Avenue Sulte400 ~;!,4.M,-::-~. info@plasc ins .com
Los Angeles, CA 90040 INSURER151 AFFORDING COVERAGE NAICII INsuRER A, The Hanover Insurance GrouD
INSURED INSURER e: The Hanover Insurance Comoanv 22292
Westamerlca Communications Inc INSURER c, Preferred EmDlovers Ins. Co. 10900 Attn. Tralton Belllngs INSURER o, Landmark America Ins urance Co. 26012 Atlantic Ocean Drive Lake Forest, CA 92630 INSURERE:
INSURERF:
COVERAGES CERTIFICATE NUMBER · REVISION NUMBER·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO IM-1ICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~:~ TYPE OF INSURANCE ,~.?.PA-' ~~~ POLICY NUMBER POUCYEFF .!.P.~<:.UE. LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 ,___ D CLAIMS-MADE [Kl OCCUR ~~!;lt~tJO_RENTED IZZ394322ss 1/18/2022 1/18/2023 $ 100,000 X GL BROAD FORM ENDT MED EXP 'An• one -rgonl s 10,000 ,___ PERSONAL & ADV INJURY s 1,000,000
-
~
GEN.'LAGGREGATE LIMIT APPLIES PER: GENERAi Ar.r.REGAT" s 2,000,000 POLICY □ ff8r □ LOC PRODUCTS • COMP/OP AGG $ Included
OTHER: EmpBen. s 1,000,000
B ~TOMOBILE LIABIU'TY s.q~~.!S!}~l:>}ilNGLE LIMIT s 1,000,000 X ANY AUTO ~H39435482 1/18/2022 1/18/2023 BOOL Y INJURY 'Per ""riOIII s - OWNED - SCHEDULED -
AUTOS ONLY - AUTOS BOOILY INJURY /Per accldenll S
X ~IM?sONLY X ~&o~~NT.~ ff..9~M.lJ.t~AGE s
x -Comprehensive Deduction: 1,000 s
A X UMBRELLA LIAB
~
OCCUR EACH OCCURRENCE s 10,000,000
-EXCESSLIAe CLAIMS-MADE UH39436626 1/18/2022 1/18/2023 AGGREGATE $ OED I X I RETENTION$ 0 s
C WORKERS COMPENSATION X l~l.\~~ I I 9IH-ANO EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE y I N X /WKN153937-9 6/1/2022 6/1/2023 E L EA"H ACCIOENT l: 1,000,000 ~ FICEfc!M~M~IFJR EXCLUDED? ~ N/A anda ory n I E.L DISl'ASE • EA EMPLOYEI S 1,000,000 ~mtrtfi'~ 'b~PERATIONS below E.L DISEASE • POLICY LIMIT s 1,000,000 D Profess ional Llab. LH4844675 11/26/2021 11/26/2022 Occurence 2,000,000 D Professional Llab. LH4844675 11/26/2021 11/26/2022 Aggreg. 3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarl<I Schedule, may be attachad If mo19 space Is 19!jUl19d/ The City of Laguna Niguel and Its officer, officials, employees, agents, and volunteers shall be named as additiona insured with respects to services provided by the names Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Laguna Niguel THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS, 30111 Crown Valley Parkway
Laguna Niguel, CA 92677 AUTHORIZED REPRESENTATIVE
I
41]J-~
ACORD 26 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: WESTCOM-01 AANAYA
-----------------LO C #: 1 --- --- -
ADDITIONAL REMARKS SCHEDULE
AGENCY
PIASC Insurance Services, Inc.
POLICY NUMBER
SEE PAGE 1
CARRIER
l
:NAICCODE
SEE PAGE 1 SEEP 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Uabllity Insurance
HANOVER PACKAGE COVERAGE FORMS
HANOVER PACKAGE COVERAGE FORMS
NAMED INSURED
Westamerlca Communications Inc
Attn . Tralton Belllngs
26012 Atlantlc Ocean Drive
Lake Forest, CA 92630
EFFECTIVE DATE: SEE PAGE 1
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT 421-2915 06-15 APPLIES:
ADDITIONAL INSURED BY CONTRACT , AGREEMENT OR PERMIT
ADDITIONAL INSURED - PRIMARY & NON-CONTRIBUTORY
BLANKET WAIVER OF SUBROGATION
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT 421-2916 06-15 APPLIES:
ADDITIONAL INSURED· BROAD FORM VENDORS
AGGREGATE LIMIT PER LOCATION
BROAD FORM NAMED INSURED
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Preferred Em lo ers
INSURANCE COMPANY
WC 99 07 00
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for which you perform work under a written contract that requires you to obtain this agreement from us.
The premium charge for this endorsement shall be 3% of the Worker's Compensation premium, subject to a minimum charge of $500.00
This endorsement changes the policy to which it is attached effective on the date issued unless otherwise st_ated. (The Information below Is required only when this endorsement ls Issued subsequent to preparation of the policy.) Endorsement Effective 06/01/22 Policy No. WKN153937-9 Endorsement No. 18 Insured WESTAMERICA COMMUNICATIONS, INC.
Insurance Company PREFERRED EMPLOYERS INSURANCE COMPANY Countersigned By ____________ _
ZZ3 9432255 10 1001090
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit Included
2. Additional Insured - Primary and Non-Contributory Included
3. Blanket Waiver of Subrogation Included
4. Bodily Injury Redefined Included
5. Broad Form Property Damage - Borrowed Equipment, Customers Goods & Use of Elevators Included
6. Knowledge of Occurrence Included
7. Liberalization Clause Included
8. Medical Payments - Extended Reporting Period Included
9. Newly Acquired or Formed Organizations - Covered until end of policy period Included
10. Non-owned Watercraft 51 ft.
11. Supplementary Payments Increased Limits
- Bail Bonds $2,500
- Loss of Earnings $1000
12. Unintentional Failure to Disclose Hazards Included
13. Unintentional Failure to Notify Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II - WHO IS
AN INSURED:
Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written agreement
or permit that such person or organization to
add an additional insured on your policy is an
additional insured only with respect to liability
for "bodily injury'', "property damage", or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions, or
the acts or omissions of those acting on your
behalf, but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or occupy;
or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
421-2915 0615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 (3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury'' is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury'', "property
damage", or "personal injury and
advertising injury".
(2) To any person or organization included as
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily Injury", "property
damage", "personal and advertising
injury" arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takes
place after the lease for the land ex
pires; or
(b) Managers or lessors of premises if:
(I) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new con
struction or demolition operations
performed by or on behalf of the
manager or lessor.
(5) To "bodily injury'', "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage" or the offense
which caused the "personal and
223 9432255 10 1001090
advertising injury'' involved the rendering
of or failure to render any professional
services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION Ill - LIMITS OF
INSURANCE:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
2. Additional Insured - Primary and Non
Contributory
The following is added to SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 4. Other Insurance:
Additional Insured - Primary and Non
Contributory
If you agree in a written contract, written
agreement or permit that the insurance provided to
any person or organization Included as an
Additional Insured under SECTION II - WHO IS
AN INSURED, is primary and non-contributory,
the following applies:
If other valid and collectible insurance is available
to the Additional Insured for a loss covered under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary to other Insurance
that is available to the Additional Insured
which covers the
Additional Insured as a Named Insured. We
will not seek contribution from any other
insurance available to the Additional Insured
except:
(1) For the sole negligence of the Additional
Insured;
(2) When the Additional Insured is an
Additional Insured under another primary
liability policy; or
(3) when b. below applies.
If this insurance is primary, our obligations are
not affected unless any of the other insurance
is also primary. Then, we will share with all
that other insurance by the method described
inc. below.
421-2915 0615 lndudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of4 223 9432255 10 1001090
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION to designated ENTITy(s)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY
COMMERCIAL PROPERTY COVERAGE PART
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name of Designated Entity Mailing Address or Email Address Number Days Notice City of Laguna Niguel 0111 Crown Valley Parkway Laguna 60 Niguel CA 92677
Veritiv 261 River Road 30
Clifton, NJ 07014
RR Donnelley & Sons company 35 W. Wacker Dr., 36th Fir. 30 Risk Management Dept. Chicago, IL 60601-9703
Orange County superintendent of 200 kalmus dr. 30
schools, P.O box 9050
the orange county Broad of Costa Mesa, CA 92628
Education, and it's officers, Agents
and employees
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations .) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation.
Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation.
Such notice of cancellation is solely for the purpose of infonning the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-12351214 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 1 b. Excesslnsurance
(1) This Insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(b) That is Fire insurance for premises
rented to the Additional Insured or
temporarily occupied by the Additional
Insured with permission of the owner;
(c) That is insurance purchased by the
Additional Insured to cover the
Additional lnsured's liability as a
tenant for "property damage" to
premises rented to the Additional
Insured or temporarily occupied by the
Additional with permission of the
owner; or
(d) If the loss arises out of the
maintenance or use of aircraft, "autos"
or watercraft to the extent not subject
to Exclusion g. of SECTION I -
COVERAGE A - BODILY INURY
AND PROPERTY DAMAGE
LIABILITY.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any ~suit" If any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
(3) When this insurance is excess over other
Insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self
insured amounts under all that other
insurance.
We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically
to apply in excess of the Limits of
Insurance shown in the Declarations of
this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow this
method also. Under this approach each
223 9432255 10 1001090
insurer contributes equal amounts until it has
paid its applicable limit of Insurance or none of
the loss remains, whichever comes first. If any
of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each Insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers
3. Blanket Waiver of Subrogation
The following is added to SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 8. Transfer Of Rights
Of Recovery Against Others To Us:
We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damage under
this coverage form. The damage must arise out of
your activities under a written contract with that
person or organization. This waiver applies only to
the extent that subrogation Is waived under a
written contract executed prior to the "occurrence"
or offense giving rise to such payments.
4. Bodily Injury Redefined
SECTION V - DEFINITIONS, Definition 3. "bodily
injury" is replaced by the following:
3. "Bodily injury" means bodily Injury, sl.ckness or
disease sustained by a person including death
resulting from any of these at any time. "Bodily
injury" includes mental anguish or other
mental injury resulting from "bodily Injury".
5. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of
Elevators
a. SECTION I - COVERAGES, COVERAGE A-
BODILIY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.
Exclusions subparagraph j. is amended as
follows:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
Paragraphs (3), (4) and (6) do not apply to
"property damage" to "customers goodsft while
on your premises nor do they apply to the use
of elevators at premises you own, rent, lease
or occupy.
b. The following is added to SECTION V -
DEFINTIONS:
24. "Customers goods" means property of
your customer on your premises for the
purpose of being:
421-2915 0615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of4
ATTACHMENT B
Amendment No. 1 to the Professional Services Agreement
with Westamerica Communications, Inc.
DocuSign Envelope ID: E7 AF4EE7-8796-4513-86AC-FBF637833C44 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAGUNA NIGUEL AND WEST AMERICA COMMUNICATIONS, INC. FOR
PUBLICATION AND DISTRIBUTION OF RECREATION BROCHURES AND
POSTCARDS
THIS AMENDMENT NO. TO THE AGREEMENT FOR PROFESSIONAL
SERVICES ("First Amendment") is made and entered into the 7th day of September 2023 by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City," and Westamerica Communications, Inc., a California Corporation, hereinafter the "Consultant".
I. The City required a qualified firm for the publication and distribution of the Recreation Brochure and Postcards to the residents of Laguna Niguel.
2. The City entered into an Agreement for Professional Services with the Consultant on August 2, 2022 (the "Agreement") to provide the required services.
3. Postage was not included in the original proposal by the Consultant.
4. The purpose of this First Amendment is to increase the contracted amounts applicable to the initial term of the Agreement in order to account for the actual postage costs not originally reflected in the Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
I. The Consultant, in addition to providing the services previously agreed to be provided in the Agreement, shall also provide postage and delivery services at an additional cost not to exceed $25,000 for each contract year commencing with the second fiscal year of the Agreement, as is further described in Section 2 of this Amendment.
2. Amendment. Section 4 of the Agreement, "Payment for Services," is hereby amended to read in its entirety as follows:
"City agrees to pay Consultant for providing the services which are described in Exhibit "A," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B." The total not-to-exceed amount that the City will pay for the Scope of Work shall not exceed the following: (1) $86,383 in the first fiscal year of the Agreement (July 1, 2022, through June 30, 2023); (2) $123,840 in the second fiscal year of the Agreement (July 1, 2023, through June 30, 2024); (3) $137,800 in the third fiscal year of the Agreement (July I, 2024, through June 30, 2025); ( 4) if the option is exercised, $154,046 in the fourth fiscal year of the Agreement (July I, 2025, through June 30, 2026); and (5) if the option is exercised, $171,728 in the fifth fiscal year of the Agreement (July 1, 2026, through June 30, 2027).
DocuSign Envelope ID: E7 AF4EE7-8796-4513-86AC-FBF637833C44 "Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If the City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days ofreceipt of the invoice."
3. Except as specifically provided in this First Amendment, all terms and conditions of the Agreement for Professional Services shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: E7 AF4EE7-8796-4513-86AC-FBF637833C44 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
ATTEST :
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CITY"
CITY OF LAGUNA NIGUEL
By: ~ .u:-
Tamara S. Letourneau
City Manager
"CONSULTANT"
Westamerica Communications, Inc.
a California Corporation
By: p.,,.,~
Print Name: Dan Ryan
Title: Account Representative
By: ------ ----- --Print Name : - - - -------Tit I e: - - --------- -
ATTACHMENT C
Amendment No. 2 to the Professional Services Agreement
with Westamerica Communications, Inc.
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAGUNA NIGUEL AND WEST AMERICA COMMUNICATIONS, INC. FOR
PUBLICATION AND DISTRIBUTION OF RECREATION BROCHURES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES ("Second Amendment") is made and entered into the ____ _____ _ _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City," and Westamerica Communications, Inc., a California Corporation, hereinafter the "Consultant".
I. The City required a qualified firm for the publication and distribution of the Recreation Brochure and Postcards to the residents of Laguna Niguel.
2. The City entered into an Agreement for Professional Services with the Consultant on August 2, 2022 (the "Agreement") to provide the required services.
3. A First Amendment to the agreement was agreed upon September 7, 2023, due to postage not being included in the original proposal by the Consultant.
4. The City and Consultant now desire to extend the term of the Agreement for a period of one additional year through June 30, 2026.
5. The City and Consultant now desire to increase the scope of services and subsequent funding to include printing of additional seasonal recreation brochures to the total of four per year, as this was not originally reflected in the Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Term. The City now desires to extend the term of the agreement for one additional year as provided in Section 3 of the Agreement, through June 30, 2026.
2. The Consultant, in addition to providing the services previously agreed to be provided in the Agreement and First Amendment, shall also print two additional seasonal recreation brochures (four total) at an additional cost not to exceed amount of $14,000 for each contract year commencing with the fourth ( 4) fiscal year of the Agreement, as is further described in Section 3 of this Amendment.
3. Amendment. Section 4 of the Agreement, "Payment for Services," rs hereby amended to read in its entirety as follows:
"City agrees to pay Consultant for providing the services which are described in Exhibit "A," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B." The total not-to-exceed amount that the City will pay for the Scope of Work shall not exceed the following: (I) $86,383 in the first fiscal year of the Agreement (July 1, 2022, through June 30, 2023); (2) $123,840 in the second fiscal year of the Agreement (July I, 2023, through June 30, 2024); (3) $137,800 in the third fiscal year of the Agreement (July I, 2024, through June 30, 2025);( 4) $168,046 in the fourth fiscal year of the Agreement (July I, 2025, through June 30, 2026); and (5) if the option is exercised, $185,728 in the fifth fiscal year of the Agreement (July I, 2026, through June 30, 2027).
"Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If the City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice."
4. Except as specifically provided in this Second Amendment, all terms and conditions of the Agreement for Professional Services, and First Amendment to this agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date first above written.
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CITY"
CITY OF LAGUNA NIGUEL
By: _ _ _ _____ _
Tamara S. Letourneau
City Manager
"CONSULTANT"
Westamerica Communications, Inc.
a California Corporation
By: ______ ___ _
Print Name: Dan Ryan
Title: _____ _____ _ _
By: ---------- --Print Name: - --------Tit I e: ------ ------