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HomeMy WebLinkAbout2008 CON CDC Motivational Systems, Inc. - Signage City HallAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MOTIVATIONAL SYSTEMS, INC. THIS AGREEMENT is entered into this 6th day of August, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and MOTIVATIONAL SYSTEMS, INC, (CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide a new wayfinding and identification signage for identification and direction signage; WHEREAS, the CDC has determined that the CONTRACTOR is a sign contractor and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Bruce Heinzel thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $24,999.34 (the base amount). Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. The project defined in Exhibit "A" is to be completed no later that September 9, 2008 at 6:00 p.m. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Architectural Renderings, Studies and other documents prepared by the CONTRACTOR for this Project, both paper and electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 CDC's Standard Agreement — June 2008 revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 CDC's Standard Agreement — June 2008 revision exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the 4 CDC's Standard Agreement — June 2008 revision CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years 5 CDC's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attomey's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. 6 CDC's Standard Agreement — June 2008 revision B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONTRACTOR: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Bruce Heinsel Motivational Systems, Inc. 2200 Cleveland Avenue National City CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the 7 CDC's Standard Agreement — June 2008 revision notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The ONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. 8 CDC's Standard Agreement — June 2008 revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT MOTIVATIONAL SYSTEMS. INC. COMMISSION cf bso corpora officers) — one signature) a OF THE ItY OF NA CITY (sore proprietorship — one see) By: Brad Raulston, Executive Director () (Title) p?...),./.5.,„.....)/..(,,„,. APPROVED AS TO FORM: George H. Eiser, III Legal Counsel BY (Name) --�� (T) 9 CDC's Standard Agreement — June 2008 revision s'6 s-6'72.7. '12 27"72'4e c3F-tht 1AL CITY l;INESS LICENSE C.ERTIFIC,TE DINANCL Th..; ',Li N0. S .-IEF-,.EBY T[PM PU'iPOSE STA 00 BUSINE',:S G2 8-23 03RL) S • IIS!NESS NAME Art.FRESS MOTIVATIONAL SYSTEMS INC 823 W 23RD ST NATIONAL CITY, CA 91950-6403 •,nr. TRANSFERABLE POST IN A CONSPICUOUS PLACE Date o' Expiration 12/31/2008 CITY :P.EASURIP. Tr, -77.77'111-..711rr 77:17:47.aiM 1E777- Trt '1*-11":..,'" F:ECCP•siC; BUSINESS 'FAX RECEIPT N 3050 jk. TOTAL S627 00 ACORpw CERTIFICATE OF LIABILI TY INSURANCE DATE (MM/DD/YYYY) 12/27/2007 PRODUCER (858)268-9400 FAX (858)268-9773 C. LEE WILLIAMS & ASSOC. #0503722 P. 0. BOX 23638 4995 MURPHY CANYON RD. #202 SAN DIEGO, CA 92193 Motivational Systems, Inc. & Ryan Young 2200 Cleveland Ave. National City, CA 91950 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Interia INSURERA Hartford Fire Insurance Company INSURERS. American States Insurance Company INsuRERc: Zenith Insurance Company INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR ADD'L WSRQ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYI POLICY EXPIRATION DATE pl/DEVYY1 LIMITS A UABIUTY COMMERCIAL GENERAL LIABILITY 72CESOA2771 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES IFa nrrurenrvl $ 300,000 CLAMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X Broadform Prop Dmg PERSONAL & ADV INJURY $ 1,000,000 X Contractual Li ab . GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY ri PRO- ri LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 01CG11441270 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO NONE PROVIDED AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ A EXCESS/UMBRELLA LIABIUTY 72HUSL7185 01/01/2008 01/01/2009 EACH OCCURRENCE $ 2,000,000 X 1 OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I1 yes, describe under SPECIAL PROVISIONS below Z046748308 01/01/2008 01/01/2009 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER NONE PROVIDED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Easement for Standpipe @ 2200 & 2240 Cleveland Ave, National City, CA 91950 'Certificate Holder is included as Additional Insured per written contract with the Certificate Holder z>'er the attached Additional Insured Endt. '10 Days for Non-payment of Premium CERTIFICATE HOLDER City of National City Attn: Charles - Engineering Dept 1243 National City Blvd National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) ©ACORD CORPORATION 1988 ACORP. CERTIFICATE OF LIABILI TY INSURANCE. DATE (MM/DD/YYYY) 12/27/2007 PRODUCER (858)268-9400 FAX (858)268-9773 C. LEE WILLIAMS & ASSOC. #0503722 P. 0. BOX 23638 4995 MURPHY CANYON RD. #202 SAN DIEGO, CA 92193 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Motivational Systems, Inc. & Ryan Young 2200 Cleveland Ave. National City, CA 91950 Interi 0 INsuRERA: Hartford Fire Insurance Company INSURERB American States Insurance Company INSURERC Zenith Insurance Company INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I� AADD L TYPE OF INSURANCE POUCY NUMBER POUCY DAIE.InEF E POLICY t LIMITS A GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY 72CES0A2771 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PRFMISFS (Fa nrnunnr� $ 300000 , CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X Broadform Prop Dmg PERSONAL 8 ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY in PRO- n LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 01CG11441270 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO NONE PROVIDED AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 72HUSL7185 01/01/2008 01/01/2009 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ c WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below Z046748308 01/01/2008 01/01/2009 X TWC ORY STATU- OTH- LIMITS ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 OTHER NONE PROVIDED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: All Operations ertificate Holder is included as Additional Insured with respects to the General Liability per written ontract with the Named Insured *10 Days for Non-payment of Premium CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY BUILDING INSPECTION SIGN PERMIT 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 Monational lira *wins 111C 2200 Cleveland Ave National City, CA, 91950 Phone (619) 474 0246 Fax (619) 474-3638 Aeoomti! ICOM124 Master Order # 00045199 ClientName COMMUNITY DEV. COMMISSION OF Address NATIONAL CITY 1243:NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Cantr&t # 00043218 Condhtionai Sales Contract #00043218 Pagel of Date Pr+ojectNemse cItY:OFNATIONALCITY Location 123 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Saksperwn BI UCE HIIINZEL This agreement is madebetween Motivational Systems; Inc. hereinafter referred to as "MSI" and COMMUNITY DEV. COMMISSION OF hereinafter refesred to as "Client". Matt Agrees t. Po eh;ase tie Fe}lowieg: 1. 1 SIGN TYPE 1 WALL MOUNt i DIBBCUONAL 1/8"THLCK.PIEX PLATE CUT TO SIZE . PAINTED 1-CO`LQR VINYL CUT OUT LOGO COPY PLATE ON FACE. MOUNTS TO' WALL WITH FOAM TAPE AND SILICON, SIZE 30" X 24". 2. 1 SIGN TYPE 2A LARGE ROOM ID WITH BRAILLE 1/8"T ICK PM PLATE CNC CU r;TU SALE wan ti EDt 1-0OLOR. VINYL CUTOUT LOGO ANDROObM ID COP t wlTll LA APA tAISED COPY AND BRAILLE. MOUNTS TO WALL. WITH FOAM T AND SILICONE SIZE 18" X 24". 3. 1 SIGN TYPE 2B DELETED- NAP 4. 2 SIGN TYPE 3A SMALL ROOM ID 1/8"IBK PLEX PLATE alc cur TO Kit WITH REVERSE Our LOGO MARK. MFAB TO MAKE ,BRKT'ARMS WITH P`TFtS AT ENDS. FLATHEAD COUNTER SUNK SCREW WITH WAIL L ANCHORS_ PAINTED 1-COLOR. VINYL CUT OUT COPY ON 2.SIDES SIz 8" X 19.5" 5. 1 SIGN TYPE 3B SMALL MID lawn K PLEX PLATE CNC cUT TO SIi43WZTH REVERSB4[(T .GOO MARK. PAINTED I. COLOR. VINYL tin OUT COPY AND AR RO lei tACE. MOUNTS Wl`1TI P? AM TAB AND S1LCUN, FLUSH TO Wt ABOVE DOUBLE DOORS. SIZE 8"'X 18". 6. 2 SIGN TYPE 4A LARGE SITE PLAN 1/4 CLEAR NON -GLARE ACRYLIC CUT TO SIZE. SUB-S PACE SCREEN PRINTED 1-COLOR GRAPHICS. BACK SPRAY 1-COLOR PROTECT VINYL. SITE PLANS TO MOUNT TO WALL WITH FOAM TAPE AND SILICONE NO CUT OUTS SIZE: 48" x 30". 7. 3 SIGN TYPE 4B MEDIUM SITE PLAN 1/4" CLEAR NON -GLARE ACRYLIC CUT TO SIZE. SUB -SURFACE SCREEN PRINTED 1-COLOR GRAPHICS. BACK SPRAY 1-COLOR WITH PROTECT VINYL. SITE PLANS TO MOUNT TO WALL WITH FOAM TAPE AND SILICONE. SIZE: 30" x 24" NO CUT OUTS. MEM $301.11 30.00 $ 237.74 $ 0.00 $1.168.87 $ 189.22 S 2,503.34 S 1,755.29 $ 0.00 S 0.00 $ 0.00 $ 0.00 S 0.00 S 0.00 By LMotivational Systems Inc 2200 Cleveland Ave. National. City, CA, 91950 Phone (619) 474.8246 Fax (619) 474-3638 Account # Client Naar Address Contract # Conditional Sales Contract 1#00043218 Page 2 of Date 0 6/2008 ProjectName CITY OF NATIONAL CITY Location 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Salesperson BRUCE HEINZEL This agreement is made between Motivational Systems, Inc. hereinafter referred to as "MSI" and COMMUNITY DEV. COMMISSION OF hereinafter referred to as "Cheat". 1COM124 blaster Order # 410095199 COMMUNITY DEV. COMMISSION OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 00043218 1 & 1 SIGN TYPE 4C DELETED -NAP 9. 2 SIGN TYPE 5 FLOOR LEVEL MAPS 1/4" CLEAR NON -GLARE ACRYLIC CUT TO SIZE. SUB-SU1 ACB SCREEN PRINTED I -COLOR GRAPHICS. BACK SPRAY 1-COLOR WITH PROTECT VINYL. MOUNTS TO WAIL WITR'FOAM TAPE AND SILICONE SIZE: 24• x 30" NO CUT OUTS. 10. 2 SIGN TYPE 6A AREA IDS SINGLE FACED WALL MOUNTED AREA ID 1/8"THK PLEX PLATE CNC CUT TO SJZ WITH REVERSE CUT LOGO MARK.. POWDER COAT.OILRUBBE© BRONZE COLOR. VINYL CUT OUT COPY ON FACE. MOUNTS TO WALL WTTii VHB TAPE SILICONE. SIZE 6" X 30". 11. 9 SIGN TYPE 6A,B,&C AREA IDS 1 /8"THK PLEX PLATE CNC CUT TO S17F W1TH REVERSE k UT LOGO MARK. PAINTED 1-COLOR VINYL CUT OUT COPY ON FACE. (10)'CS SUSPENDED FROM CEILING WITH AIRCRAFT CABLE. (2) MO11N ' WI 4�f-SIDED TAPE AND SILICONE SIZE 6" X30" (ONE PIECE IS DOUBLE SIDE) 12. 1 SIGN TYPE 7 DELETED -NAP 13. 7 SIGN TYPE 8 EMERGENCY EVACUATION PLAQUES 1/4" CLEAR NON -GLARE ACRYLIC CUT TO SIZE. SUB-S ACE SCREEN PRINTED 1-COLOR GRAPHICS. BACKSPRAY 1-COLOR 1 H PREYFBCT VINYL EMERGENCY EVACUATION PLAQUES TO MOUNr TO WALL WITH FOAM TAPE AND SILICONE. SIZB: 20";x 15" NOCUT OUTS? 14. 1 SIGN TYPE 9 WAYFINDING SIGN 1/4" CLEAR NON -GLARE ACRYLIC CUT TO SIZE. SUB -SURFACE WHITE VINYL COPY AND GRAPHICS. BACK $PRAY 1-COLOR WiTIIPROTECT VINYL. MOUNTS TO WALLWITH FOAM TAPE AND SILICONE. SIZE: 24" x 30" NO CUT OUTS. 15. 2 SIGN TYPE 10 ENTRY SIGNS DIGITAL PRINTS FROM CLIENTS PRODUCTION ART ON DISK ON S 986.69 S 433.80 $ 2,415.36 S 0.00 $1,965.99 S 509.70 $ 797.60 S 0.00 S 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 S 0.00 S 0.00 By 1 Mohatdonal Systems Inc 2200 Cleveland An. National City, CA, 91950 Phone (619).474 4246 Fax (613) 4743638 Account $ 1COM124 Master Order-8 0,0095199 Date Client Name COMMUNITY DEV. COMMISSIONOP Project Naiad OF NATIONAL crr Address NATIONAL CITY Location 3 NATIONAL CITY BLVD 1243 NATIONAL C TY BLVD NATIONAL CITY, CA 91950 NATIONAL CITY, CA 91950 Contract 4 00043218 Saleape son BRUCE HEINZEL 'lids agreement is made between Motivational Systems, lnc. hereinafter teferredto as nor and COMMUNITY DEV. COMMISSION OF hereinafter referred to as "Gloat". Conditional Sales Contract #00043218 Page 3 of 6 Mi MUM EXTERIOR GRADE r?a • VINYL„ APPLIED TO mum BOARD BA 4 a TOFIT PANEL SIZE ABOVe ENTRY DOORS. SIZE 40" X 60" 16. 1 SIGN TYPE 11 EXTERIOR DIRECTIONAL. TWO 1/4"TFUK METAL TES CNC CUB' TO SIZE WI')Ti E cUT LOGO MARK PAINTED 1 LOR VINYL CUT OUT COPY AND ARROW ON FACES. MOUNTS BACK- �ACK ON A 2x4 SQUARE METAL PAINTED TO MATCH SIGN FACE SIZE 24" "X 36" 1'7. 1 SIGN TYPE 12A CAMPUS MAP POST MOUNTED 1/4'i'HICK METAL PLA.1%, CNC CUT TO SIZE WITH REVERSE CUT LOGO MARK PAINT 1-CQLOIt. S 1 PRINTED GRAPHICS ON FACE. tunes TO TWO 3x3 METAL POSTS TO MATCH SIGN PACE. S/F SIGN SIZE30" X 48", 18. 2 SIGN TYPE 12B $ 1,980.21 5 0.00 CAMPUS MAP WALL MOUNTED 1//4"T ICK METAL PLATES CNC CUT TO SIZE.wrm REVERSE CUT LOGO MARK. PAINT 1-COLOR SCREEN PRINTED GRAPHICS ON. FACE MOUNTS TO WALL WITH STUDS SIZE 30" X 48". 19. 9 SIGN TYPE 13 $ 1,241.78 $ 0.00 ADA RESTROOM SIGNS , 1/4 ACRYLIC PAINTED 1. X L OR MATTE FINISH. TOP SU FACE SCREEN PRINTED L000 MARX. AMPED COPX AND DRA1i E. PRO T'iVE VINYL ON BACK. MOUNTS TO WALL WITH 2-SIDEDTAPE ANID SILICONE SITS: 4" x 6" 20. 9 SIGN TYPE 14 S 536.21 S 0.00 UNISEX RESTROOMSJ TITLE 24 SIGNS -1/4 C CUT TO SHAPE & PAINTED I -COLOR MATTE FINIS}, RAISED NSA SYMBOL. UNISEX SIGN 'CIRCLE AND SECOND COLOR TRIAGLE, MOUNTS TO DOOR WITH 2-S ED TAPE AND SILICONE: SIZE 12" x12". 21. 18 SIGN TYPE i5 $1,17I.65 s o.00 TACTILE EXIT 1/4 ACRYLIC PAINTED 1=COLOR MATTE FINISH. TOP SURFACE SCREEN PRINTED LOGO MARK RAISED COPY AND BRAILLE. P ' OTECTIVE VINYL ON BACK. MOUNTS TO WALL WITH 2-SIDED TAPE AND SILICONE SIZE: 5" S 1,815.45 $ 0.00 $ 2,042.24 $ 0.00 x 8" 22. 7 SIGN TYPE 16 S 91539 S 0.00 By m+wm. mite 'VI Motivational mai Systems Inc 2200 Cleveland Ave. National Qty, CA, 91950 Phone (619) 4144246 Fax (619) 474-36311 Account 8 ICOM124 Master Order# 00095199 Client Name COMMUNITY DEV. COMMISSION OF Address NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Contract # 00043218 Conditional Sales Contract #00043218 Page 4 of 6 Bate 08/Q6/2008 Project Name CITY OF NATIONAL CITY Location 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Salesperson BRUCE HEINZEL This agreement is made between Motivational Systems1 Inc. hereinafter referred to as "MSI" and COMMUNITY DEV. COMMISSION OF hereinafter referred to as "Meot". 23. t_;, t v_ ADA ROOM IDS U4 ACRYLIC PAINTED 1-COLOR MATTE FINISH. TOP S ACE SCREEN PRINTED LOGO -MARK. RAISED COPY AND BRAILLE PR VINYL ON BACK. MOUNTS TO WALL WITH 2-SIDED TAPE AND SILICONE SIZE: 5" x8" INSTALLATION S0.00 S 0.00 NOT INCLUDED ON THIS CONTRACT (TO BE CONTRACTED ON PART B WITH MLK SIGNS TO BE PRODUCED AND INSTALL® CONCU'RR N1LY.) TAXABLE S1JSUDTAL SAIBS TAX@ 0.15 % NON-TAXABLE TOTAL 0i2,987:90 32,011r44 S EIM S 24099.34 Productien of interior .wish pacrioar signage for the City of NationatGity Civic Ctntct. (OPTION B) Classe(s)t 1. Terms are 50% Deposit with Contract, $ *progress payment duo before delivery and 10% due upon completion and approval. 2. Production r+eadyart, stets, logos, -, ._.. photos, eta are to be supplied by the elient no later than ten (10) waking days prior to installation unless noted otherwise. AB • art submitted to MSI taunt be"ia Mec ntodt formatted COMpUter at, in Adobe llhtatirator 5.5 or latex, or Qaarl Expaeea 3.31 or later. Any electronic format other than the eon:mentioned will be subject to adrlititioad times. After review, an estimate will be plod to the client. 3. Foos and expenses shown are estimates only. Final fees and expenses shall be shown on client invoice. Prior approval front client shall be obtained for any increases in fees or expenses that exceeed this estimate by 10% or more. 4. The prices quoted do not include permitsor permitting fees. 5. The prices quoted art effective only with concurrent placement service. 6. The Client is responsible for any fines orfoes that may be incurred. 7. If cliche or rocks are commend, ffiaetwill be an additional charge invoiced for $35.00 per flagpole hole. 8. If caliche or rocks are encountered, there will be an additional charge invoiced fbr SI50.00 per post bole. 9. MSI Service Fee of S285.00 for pot ling plus actual permit and required stiiiictural calculation costs will be invoiced after appropriate permits are obtained if caliche or rocks are encountered there will be an additional charge invoiced for S 150.00 per sign post hole. 10. Additional installation trips that arc required to complete a scheduled installation due to client changes that result in our inability to complete installation as contracted will be billed at our current hourly rate. Motivational Systems Inc 2200 Cleveland Ave. Mang City, CA, 91950 Phone (619) 474-8246 Fax (619) 474-3638 Mama # ICOMI2A Master Order It 00095199 Clientliams COMMUNITY DEV. COMMISSION OF Address NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Contract# 00043218 Conditional Sales. Contract #00043218 Page 5 of 6 Date Project Name Location 01806t2008 OF NATIONAL CITY NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Salesperson BRUCE HEINZEL This agreement is made between Motivational Systems; Inc. hereinafter referred to as "MSI" and COMMUNITY DEV. COMMISSION OF hereinafter referred to as "Cheat". • 11. An additional $104.00 Surveying/Spotting'Fee will he charged separately` for 4essary'Call before you dig' requirements. 12. ADDITONAL CONDITIONS CLAUSE I of 3) The completeness and correctness of the information prodded with the Co llateaal Sales Contract shall be verified by MSI before the earlier of (1) execution of the ContractbyMSI or (2) bommencement of RKesk. MST shall not proceed with the Work if tiny s ror or disagreement appears to exist on the Drawings or in the Specifications, but shall tminediately submit a written request for an explanation or decision to the Owner's vet. 13. ADDTTTONAL CONDITIONS CLAUSE art 2 of 3) Should MSI proceed without a written responseby the Owner Representative they shall be so doing at their own risk and expense. In cases where conflicts arise, the following priorities shall prevail: • 14. ADDMONAL CONDITIONS CLAUSEi(P163 of 3) 1, Structural Drawings and Owner/Arcbitect•approired shop drawings shall have priority over all other Drawings. 2. Large scale Drawings and details shall have'priority wirer small scale Drawings and details. 3. Detail Drawings shall have priority ever- Mira Drawings. 4. The Specifications shall governand teiib precedence over all Drawings. I5. PLACEMENT OF SIGNS CONDITIONS (Part I of 2): Placing signs or other outdoor _ advertising devices may not meet curtest ordinances or other laws. Placing such sous or other outdoor advertising devices at this time is common buaiueaspractiee for the area(s) being addressed in this agreementiClient needs to be advised that mu ipalhties or other gsvermneetal etudes canchange enforcement practice which could include fi►ies • 16. PLACEMENT OF SIGNS CONDITIONS (Part 2 of 2): Client agrees to defem, indemnify and hold Motivational Systems Inc. and its etnployeos bannniees from any imposed fines, calms tar demands arising out€of the placement of any outdoor advertising signage on behalf of the Client. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 August 11, 2008 Mr. Bruce Heinsel Motivational Sytems, Inc. 2200 Cleveland Avenue National City, CA 91950 Dear Mr. Heinsel, On August 6th, 2008, an Agreement was entered between the Community Development Commission of the City of National City and Motivational Systems, Inc. We are enclosing for your records a fully executed copy of the agreement. Sincerely, H 1 Michael R. Dal a, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper