Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MERRITT STUDIO, LLC
INSURANCE NOT ON FILE WORK MAY NOT PROCEED A-2023-049 CLERK OF COUNCIL DATE: AGREEMENT WITH MERRITT STUDIO TO PROVIDE DESIGN SERVICES e-:p�Zcs�Ul (Cc,,(, L THIS AGREEMENT is made and entered into on this 4' day of April, 2023 by and between Merritt Studio, LLC, a California limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). --i \, RECITALS A. On November 17, 2022, the City issued Request for Proposal ("RFP") No. 22-164, by which it sought a qualified consultant having special skill and knowledge in the field of design, layout, and translation services to provide the City an activity guide to distribute via print and digital format in different languages. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-164. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform, during the term of this Agreement, the graphic designs of up to four (4) City publications per year, including content translated into other languages at the sole discretion of the City as well as the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services further described in the scope of work that was included in RFP No. 22-164, which is attached as Exhibit A and incorporated in full, and as further delineated in the Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement, including any extension periods, shall not exceed One Hundred, Forty -Five Thousand Dollars and Zero Cents ($145,000.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work which fails to meet the standards of performance Page 1 of 9 set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue until April 3, 2026, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2), one-year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or Page 2 of 9 claim. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned autos (Code 9), with a limit of no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of Page 3 of 9 subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Page 4 of 9 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax:714-571-4211 To Consultant: Merritt Studio, LLC Attn: Merritt Devin Dailey 1140 Cerritos Dr. Fullerton, CA 92835 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA iferrHHall Kristine Ridge GityClerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Br n Salvatiena Deputy City Attorney APPROVAL: Services Agency CONSULTANT: By: HEeairi I1��G6 Title:Oit?E�IUa- Page 9 of 9 EXHIBIT A (9) I. SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES The City of Santa Ana is seeking a graphics artist or design studio to create "Cultura: A Community Connection Guide" (Cultura), a quarterly magazine that will be posted online, as well as in print for distribution to the Santa Ana Community. Cultura can vary in pages from 30 to 50, including the cover, depending on the content needed at the time of year. A sample of the first issue of Culture can be found at www.santa-ana.orq/cultura. The City may also have a need for general graphic design services for additional projects, as needed (i.e. logos, flyers, brochures, maps, PowerPoint templates, etc.) A. Desired Services 1. Continue with the design concept set forth with the initial issue of "Cultura". While the design of the publications do not have to be identical, they should stay consistent with use of colors, fonts or other designs that tie them into the brand of the City. 2. Indicate the number of permissible client reviews allowed under the proposal. The City of Santa Ana prefers a minimum of five (5) drafts and changes. Indicate additional costs for additional drafts and changes if applicable in the proposal. 3. Provide a selection of stock photo files and art available for use at no extra cost. Stock photos used in City publications will be made available to the City for future use. Indicate any extra costs in the proposal. 4. Use of graphics and other design techniques is desirable to create an appealing look or to fill the layout. This may include reorganization of sections/information, fonts, headlines, and consistent graphic elements. Cover design and artwork should include high -resolution photography. 5. The City will provide general direction as to what information should be placed on each page, as well as articles/content and applicable in-house photos. B. Schedules and Deadlines The Cultura is scheduled to be published according to the following approximate schedule: Edition Approximate Publish Date Summer Beginning to Mid -August Fall Beginning to Mid -November Winter Beginning to Mid -February Spring Beginning to Mid -May RFP No. 22-164 RFP Cultura Magazine Design Services Page 18 of 35 CITY OF SANTA ANA C. Publication Process for Cultura 1. The City will lead publication efforts. The nature of the tasks involves ongoing communication between City staff and the graphic artist via email and phone calls to ensure a finished and professional product acceptable by the City. 2. The production timeline for Cultura will span a minimum of 19 calendar days, but may vary based on content or needs, as determined by the Project Manager. 3. Production begins once City staff provides the project content and ends once a digital file is uploaded to the City's selected printer. 4. The graphic artist/design studio will design and provide a digital PDF proof to the City for review during the review process. City staff will provide the graphic artist all drafts in PDF files for proofing and correction, until publication is approved for sending to printer. 5. The graphic artist will provide files to the printer according to the printer's specifications or as an acceptable industry standard format. The graphic artist will upload the digital file via a File Transfer Protocol ("FTP") site to the City's printer. The graphic artist will communicate the successful transfer of the file via email to the printer and City staff. 6. The graphic artist/design studio will email an electronic PDF version of the newsletter for posting on the City's website. 7. The graphic artist/design studio will ensure all aspects of production are on schedule to meet delivery, print and mailing deadlines. Additionally, the graphic artist/design studio shall maintain open and regular communication with City staff and selected printer. 8. The publication process for other projects will be negotiated on a case -by -case basis with the project manager. D. Project Management The City will require one kick-off meeting following contract award. Progress meetings will be scheduled throughout the contract years, if needed. In -person meetings may be required as determined by the City. E. Additional Individual Services These services can be priced individually as a la carte items for the proposal but they may or not be included in the final agreement. The City may request additional photography from the graphic artist/design studio. These services may be performed by the studio directly or they may source out, as needed. The City may have a need for translation services to produce a Spanish and Vietnamese version of the Cultura. This will be determined by the Project Manager, as needed. These services may be performed by the studio directly or they may source out, as needed. RFP No. 22-164 RFP Cultura Magazine Design Services Page 19 of 35 (9) CITY OF SANTA ANA 3. The City may request copywriting for specific items included in the design of the Cultura or other items created for City use by the graphic artist/design studio. This will be determined at the discretion of the Project Manager, as needed. 4. The City may request specific designs and/or illustrations be created for City -use only. This will be determined at the discretion of the Project Manager, as needed. RFP No. 22-164 RFP Cultura Magazine Design Services Page 20 of 35 EXHIBIT B Table of Contents A Statement of Qualifications ...............2 Firm and Team Experiences..............3 Proposed Work Plan ......................... 4 BCost Proposal ..................................... 6 C Certifications.....................................7 A.......................................................7 B.......................................................8 C...................................................... 9 D.....................................................10 E.....................................................11 F.....................................................12 Merritt Studio RFP - Design Services 1 Statement of Qualifications a. Cover Letter Cori Lantz, Parks and Recreation Supervisor City of Santa Ana — Parks, Recreation and Community Services 20 Civic Center Plaza, M-23 Dear Cori, Merritt Studio is interested in continuing design services for Cultura. Our experience with other cities can contribute to a unique representation through printed and digital experiences. The first Cultura issue was a success but presented new opportunities to continue to refine how to better connect to the community. Merritt Studio would love to strive for more refinement, deeper connections, and robust resources for all community members. Sincerely, / Merritt Devin Dailey Merritt Studio RFP - Design Services Statement of Qualifications b. Firm and Team Experience i. Description of Firm: Creative Services include: branding and identity, design systems: print, digital, and environmental, content creation, brand direction and strategy. 1- Creative Director/Graphic Designer will be working with the City. ii. Firm Address: 1140 Cerritos Drive Fullerton, CA 92835 iii.Project Manager/Principal Agent: Name: Devin Dailey Title: Creative Director Telephone Number: 949.370.3824 Email: Devin@merritt.la iv. Link to example of completed Digital Magazine: https:Hindd.adobe.cotn/view/d28fd2f8-e304-4641-bfel-17c57cle9d3O Merritt Studio RFP - Design Services Statement of Qualifications c. Proposed Work Plan Merritt Studio understands the Scope of Services. i. Anticipated approach: 1. Continue to Explore - Refine the look and feel for the City of Santa Ana through Cultura - Visualize the essence of the city through vibrant typography, colors, photography, illustration, and stories - Heighten the awareness of the city's amenities and draw attention to the active and diverse community - Define the visual language that captures the attention of the diverse amenities 2. Design and Layout - Refine the design system that will continue to be flexible for various content - Focus on legible and contemporary typography that reads well across multiple generations ofreaders - Harness a color palette that is fresh, vibrant, and inviting ii. Suggestions - Create a photography guideline - Continue to build out a photography library (library services, zoo attractions and events, parks and recreation classes and community events) iii. Description ofDeliverables and Implementation Plan - Fully designed magazine sent to print - English - Fully designed PDF posted online - English - Fully designed magazine sent to print - Spanish - Fully designed PDF posted online - Spanish - Fully designed magazine sent to print - Vietnamese - Fully designed PDF posted online - Vietnamese Merritt Studio RFP - Design Services 4 Statement of Qualifications c. Proposed Work Plan Continued All content (copy, photos, QR codes, etc.) will be shared with Merritt Studio. Merritt Studio will begin the design and layout of Cultura. Simultaneously, the content will be given to translation services for Spanish and Vietnamese translation. There will be 5 revisions included. When the final issue is approved Merritt Studio will input the Spanish translation and prepare for print and digital export. Merritt Studio will share packaged InDesign files with translation services for Vietnamese production. Merritt Studio will prepare all three versions for print and digital export. Phase I 1 Week Kick-offmeeting Merritt Studio Design and Revise Templates Phase II 2 Weeks Merritt Studio receives content Merritt Studio Design and Layout - English City of Santa Ana review Phase III 1 Week Notes to Merritt Studio City of Santa Ana final review Final notes to Merritt Studio Send off copy to Translation Services - Spanish and Vietnamese 2 Weeks Send to printer - English Export to PDF for Digital upload - English Production for Spanish 1.5 days; .5 day for review Export to PDF for Digital upload - Spanish Send off for production - Vietnamese 2 days, .5 for review Export to PDF for Digital upload - Vietnamese Merritt Studio RFP - Design Services Cost Proposal a. Cost Proposal Deliverables - Cultura Issues broken out into seasons $5,000 - First Issue: Winter = 32 pages English (printed and digital) $1,500 - First Issue: Winter = 32 pages Spanish (printed and digital)* TBD - First Issue: Winter = 32 pages Vietnamese (printed and digital) ** $5,000 - Second Issue: Spring = 32 pages English (printed and digital) $1,500 - Second Issue: Spring = 32 pages Spanish (printed and digital)* TBD - Second Issue: Spring = 32 pages Vietnamese (printed and digital)** $6,500 - Third Issue: Summer = 48 pages English (printed and digital) $2,250 - Third Issue: Summer = 48 pages Spanish (printed and digital)* TBD - Third Issue: Summer =48 pages Vietnamese (printed and digital)** $5,000 - Fourth Issue: Fall = 32 pages English (printed and digital) $1,500 - Fourth Issue: Fall = 32 pages Spanish (printed and digital)* TBD - Fourth Issue: Fall = 32 pages Vietnamese (printed and digital)** Translation Services costs not included ** Translation Services, and Desktop Publishing costs not included b. Project Lump Sum $28,250 c. Additional Draft Reviews/Changes $150/hour d. Stock Photos Merritt Studio will try to use Royalty Free photos to begin with, if needed we will reach out to Getty Images, iStock, or other services. Purchase rates will depend on licensing agreement. We will route for apprvoal before purchase. e. Studio Rate $150/hour Merritt Studio RFP - Design Services Attachment A m CITY OF SANTA ANA ATTACHMENT PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. 1 understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. (A-V,dA�) Mz p e ITT sTvn/o, mac. 9q9. 370.362-�/ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS //1/0 l.E, A177DS DQ . T7/"-L5.E-7DN, 41- 92-d?SS BUSINESS ADDRESS ME�iTT/>�i�✓ DA��f G��iivE a, 0/N= �/% --Z FEDERAL ID NUMBER (IF APPLICABLE) RFP No. 22-164 THIS -S-zz 404-:51f6f- 1-215-AW17—/ A (IFAPPLICABLE) AND RFP Culture Magazine Design Services Merritt Studio RFP - Design Services Page 29 of 35 Attachment B CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional Pages H required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: C /T°/ of Skit g {/f/Contact Individual: Address: Lo C/04 60A-7X/Z P y,q- Phone Number: 7/1J 1-7/ . /Wf 2"4y4Lao2 f4wrAAM Gl9 EMAIL: Contrail AmounC'��?—aoo o A/ Year: 20 2-Z.,2T Description of supplies, equipment, or services provided: (tks R16 e9iul n/ uT i� P -P e SS 1G�2t�/�cs La 2 sF .'Z9�. REFERENCE Customer Name: c/7fP/'LbYif7 /,%9�A_Contact Individual: 6Y�VPI 541*EV17 TO Address: 20 0//'/o a6V%6a Pti}yH Phone Number: 2m)%AMR- SSA-ANr},ya gZ7o/ EMAIL: CSY.YIr&V SA„✓//i�ONrhpolr Contract Amount: Coe, Year: 2,oZZ17-3 Description of supplies, equipment, or services provided: 19W� �kv REFERENCE Customer Name: Contact Individual: ��l�f Fi✓/k�$ Address: 3329 2' Phone Number; �S`9� 2yg. 3s9 1O/4Y� '72leZ`1 EMAIL: 670*yx ok7/A11.o46-- Contract Amount: -0/2/oou Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITI PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONS RFP No. 22-164 RFP Culture Magazine Design Services Merritt Studio RFP - Design Services Page 30 of 35 L/MC Attachment C Fg]�' CITY OF SANTA ANA ATTACHMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. X19W ,lTT Shim/D Signed and Printed Name: 0 Title PIioE�vT� �p/✓ D//zc�Ta� Date / 2' —,J 1 20 2 Z RFP No. 22-164 RFP Culture Magazine Design Services Page 31 of 35 Merritt Studio RFP - Design Services OF � Attachment D CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. /2-f5- Z0ZZ State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal RFP No. 22-164 RFP Cultura Magazine Design Services Merritt Studio RFP - Design Services Page 32 of 35 10 Attachment E CITY OF SANTA ANA ATTACHMENT NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients sF(all certify and disclose accordingly. Signed: Title: Firm: 14.�o0—/7Z--0-1W,9 Date: /7-,bl'2,0ZZ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 22-164 RFP Cultura Magazine Design Services Page 33 of 35 11 Attachment F CITY OF SANTA ANA Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:^✓f'�� Title: Firm: Date: 2. 7— THIS NOT CONTAIN RFP No. 22-164 RFP Culfura Magazine Design Services Merritt Studio RFP - Design Services Page 35 of 35 12 EXHIBIT C Cultura - 32 Pages $5,000.00 Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF. Cultura - 36 Pages $6,375.00 Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF ICultura - 40 Pages $5,760.00 I Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF. Cultura - 44 Pages $6,126.00 Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF. Cultura - 48 Pages $6,600.00 Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF. Cultura - 52 Pages 1 $6,875.00 Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF. Cultura - 4 Pages -Additional Spreads $375.00 Should additional pages need to be added above 52 pages, there will be an incremental charge of 375.00 per four pages. Cultura - 32 Pages - SPANISH $1,600.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura - 36 Pages - SPANISH $1,685.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura - 40 Pages - SPANISH $1,876.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura - 44 Pages - SPANISH $2,065.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura - 48 Pages - SPANISH $2,260.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura - 52 Pages - SPANISH $2,435.00 Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services. Cultura -4 Pages -Additional SPANISH Spreads $185.00 Translation Production taking English to Spanish. Should additional pages need to be added above 52 pages, there will be an incremental charge of 185.00 per four pages. Translation Services SPANISH - Rate per Word $0.18 To be determined based on total word count. Agreement between Merritt Studio and the City of Santa Ana made before sign -off of translation. Contracted through TransPerfect Translation. Translation Services VIETNAMESE - Rate per Word $0.24 To be determined based on total word count. Agreement between Merritt Studio and the City of Santa Ana made before sign -off of translation. Contracted through TransPerfect Translation. Translation Services VIETNAMESE Desktop Publishing - Hourly Rate $75.00 Hourly Rate for Desktop Publishing - Receiving InDesign Files and inserting translated copy. Contracted through TransPerfect Translation. Studio Rate - Hourly - Range of Services $160.00 Hourly Rate for various Services: Graphic Design, Illustration, Photography, Design and Layout, Collateral, etc. NOTICE OF COMPLIANCE CU"UY C M O CU U U U U°'IIUC PAGE AND MLUDE GNU U FII AGREEMEM M UFIE CLERK OF U U IIIC COMM Contractor Merritt Studio, L.L.C. Name: Project A-2023-049 Number: Project Agreement With Merritt Studio To Provide Design Services Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY WAIVER 04/24/2024 05/31/2023 MerrittStudio_Waivers.pdf Merrit Studio Professional PROFESSIONAL LIABILITY WAIVER 12/06/2023 12/07/2022 Liability (Errors Ommissions) Waiver 2022- 2023.pdf WORKERS COMPENSATION AND WAIVER 04/12/2024 04/21/2023 MerrittStudio_Workers EMPLOYERS' LIABILITY Compensation Waiver.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/31/2023 4:58 PM / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/21/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT KEN HARRINGTON NAME: KEN HARRINGTON INSURANCE AGENCY, INC HE NNo Ext: 714-255-0300 ac No: 714-255-0301 E-MADDRESS: kharrington@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: NORTHFIELD INSURANCE CO. INSURED INSURERB: Mid Century Insurance INSURERC: MERRITT STUDIO, LLC. INSURERD: 1140 CERRITOS DR. INSURERE: FULLERTON CA92835 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR RENTED PREM SESODAMAGE TE. occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 X PERSONAL & ADV INJURY $ A X WS493373 12/06/2023 12/06/2024 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ 100,000 ANY AUTO B ALL OWNED SCHEDULED AUTOS X AUTOS X 524457801 12/06/2023 12/06/2024 BODILY INJURY (Per accident) $ 300,000 TY DAMAGE P er accident) $ 50,000 NON -OWNED HIRED AUTOS AUTOS UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER LISTED AS ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY WORDING ENDORSEMENT INCLUDED - CG 20 10 04 13 CERTIFICATE HOLDER CANCELLATION Risk M... gement Dwi,i t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Revi da dAlp d1P CITY OF SANTA ANA `��-� t ry�ii,ii 20 CIVIC CENTER PLAZA01, ,.. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SANTA ANA, CA 92701 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA RISK MANAGEMENT a division of HUMAN RESOURCES Managing Risk ryvgp,, Poshim Cheri i�� Affidavit of Exemption for Workers' Compensation Insurance Devin Dailey/ President (Name/Title) following declaration: certify on behalf of Merritt Studio hereby affirm under penalty of perjury, the that during the term (Consultant/Company Nome) of my contract for Design Services _ services with the City of Santa Ana, (Type of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 6/17/24 Print Name: Devin Dailey Print Title: President Signature: -OeAvtw-Oakley Telephone: 949.370.3824 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. Risk Management Division Reviewed and Approved by: c�ti .ae Risk Manager I:\Risk Mgmt\Insurance Require ments\ Affidavit of Exemption for Workers' Compensation Insurance 2021 1ATE(MM/DD/YYYY) �-� CERTIFICATE OF LIABILITY INSURANCE 10/01/2025 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:Ifthe certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.IfSUBROGATION IS WAIVED,subject to the terms and conditions ofthe policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu ofsuch endorsement(s). PRODUCER CONTACT NAME: NAZELI VIRABYAN VIRABYAN INSURANCE INSURANCE 800 S Victory Blvd100 PHONE (707)722-22 00 FAX 000-000-0000 Burbank, CA 91502 (A/C,NO,EXT): (A/C,NO): E-MAIL ADDRESS:nVlrabyan@farmersagent.COm INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck insurance Exchange 21709 MERRITTSTUDIO, LLC INSURERB: Farmers Insurance Exchange 21652 MERRITSTUDIO INSURERC: Mid Century Insurance Company 21687 1140 CERRITOS DR INSURER D: FULLERTON,CA 92835-4020 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ISTO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUEDTOTHE INSURED NAMEABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT W ITH RESPECTTO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVEBEEN REDUCED BYPAIDCLAIMS. INSR ADDTL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIALGENERAL LIAB ILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE H OCCUR PREMISES(Ea Occurrence) $1,000,000 MED EXP(Anyone person) $10,000 © Y❑ N❑ 607109835 12/16/2025 12/16/2026 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑I PROJECT ❑ LOC PRODUCTS-COMP/OPAGG $1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ (Eaaccident) ANYAUTO BODILY INJURY(Per person) $ ❑ ONLY EDAUTOS AUTOSCHES El El 1-1OWNBODILYINJURY(Peraccident)$ HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Peraccident) GAR LIAB GAR AGGREGATE $ UM BRELLALIAB OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB CLAIMS-MADE ❑ ❑ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTHER $ AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N N/A ElE.L.EACH ACCIDENT $ ❑ EX CUTIVEOFFICER/MEMBER E.L.DISEASE-EA EMPLOYEE $ EX LUDED?(MandatoryinNH) Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEH ICLES(ACORD 101,Add itionaI RemarksSchedule,may be attached if more space is required) 1140 CERRITOS DR,FULLERTON,CA,92835 APPROVED By Tu Tran Nguyen at 3:07 pm,Apr 20,2026 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE W ITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLZ AUTHORIZED REPRESENTATIVE i SANTA ANA CA 92701 ACORD 25(2016/03) @1988-2015 ACORD CORPORATION.All Rights Reserved 3 1-1 769 1 1-1 5 The ACORD nameand logo are registered marks ofACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 607109835 17238 1st Edition FARMERS INSURANCE ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Santa Ana, its City Council, officers, Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. The following is added to Paragraph C.Who Is An Insured of the applicable Coverage Form: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but 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 in the performance of your ongoing operations or in connection with your premises owned by or rented to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted bylaw;and b. If coverage provided to the additional insured is required by a contractor agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance of the applicable Coverage Form: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement;or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. J7238-ED1 02-19 1 ncludescopyrighted material of Insurance Services Office,Inc.,with its permission. Page of 937238 J7238101 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE Devin Dailey, President ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of Merritt Studio ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement")to provide Graphic Design ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees,consultants,representatives,and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum automobile liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Devin Dailey Digitally . by Devin Dailey 4-17-2026 Date:2026.04.17 10:17:14-07'00' Signature Date Devin Dailey Print Name President Title 949.370.3824 Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I Devin Dailey, President ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Merritt Stu d l0 ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement")to provide Graphic Design ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors &omissions liability insurance coverage in the performance of Services to,for,or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Devin Dailey Digitally signed by Devin Dailey 4-17-2026 Date: 2026.04.17 10:14:36-07'00' Signature Date Devin Dailey Print Name President Title 949.370.3824 Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I, Devin Dailey, President ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Merritt Stu d l0 ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement")to provide Graphic Design ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Digitally signed Devin Diley Devin Dailey Date: 2026.04.157y1009:25a0700' 04-17-2026 Signature Date Devin Dailey Print Name President Title 949.370.3824 Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024