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Fund Raisers, Ltd. A2013-58 Toll-Free • 1-800-288.6.117 RO. (lox 8836 • Boise, Idaho 83707 • (200)377-9011 • Fax(208) 377-9080 NAME PAVER AGREEMENT This name paver agreement("Agreement") is entered into this 19th day of September , 2013 by Fund Raisers, Ltd., an Idaho Corporation, whose principal place of business is 615-617 E.43rd St., Boise, Idaho 83714 and the City of Chino Hills ("Buyer")whose location of installation of engraved name pavers for their fundraising efforts is in Chino Hills, CA. RECITALS A. Fund Raisers, Ltd.sells specialty pavers that may be engraved,which pavers are utilized for among other things, fundraising purposes. B. Buyer desires to enter into a contract with Fund Raisers, Ltd., whereby Fund Raisers, Ltd.will provide such pavers to the Buyer for its fundraising activities as described in this agreement and all amendments. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties stipulate and agree as follows: 1. PURCHASE OF PAVERS Buyer hereby agrees to use Fund Raisers, Ltd. as their engraver for the name paver campaign under the terms and conditions set forth in this Agreement. Nothing in this Agreement will prevent Fund Raisers, Ltd.from selling engraved pavers to any other third party for any purpose or project. 2. CAMPAIGN MATERIALS A"paver" is a brick or tile that is part of the permanent installation. A"Replica Keepsake"is a duplicate of the paver that is engraved and sent directly to the purchaser for display in their home or office. 3. ENGRAVING SPECIFICATIONS Font and exact letter height to be agreed upon between Fund Raisers, Ltd. and the Buyer. Maximum number of spaces per line on each 4"x 8" or 8"x 8"paver (including characters, punctuation, and spaces) Is fifteen to twenty, based on font style agreed upon between Fund Raisers, Ltd. and the Buyer. Maximum number of lines per 4"x8"is three lines and per 8"x8" is six lines. Page 1 of 4 4. PRICES A. Paver Enaravina Costs The following prices are based on total order quantity, including both 4" x 8° and 8" x 8" bricks and 4" x 8" and 8" x 8" replicas. Prices include cost of pavers, engraving, proprietary filler, and standard ground freight. Prices are guaranteed until April 1, 2014. Preferred Select Series Total Order Quantity 501-1,000 1100-500 I 76-99 51-75 26-50 6-25 3-5 1-2 14"x 8"x 2 1/4"Preferred Select Series I $19.75 I $20.25 I $22.00 $23.00 $24.00 $26.00 $31.00 I $36.00 18"x 8"x 2 1/4"Preferred Select Series I $40.75 I $41.25 I $44.75 $46.75 $48.75 $52.75 I $62.75 I $72.75 F8Child "x8"x21/4"Art/Custom Logo $73.00 $73,50 $77.00 $79.00 $81.00 $85.00 $95.00 $105.00 Select Series Total Order Quantity 501-1,000 1100-500 I 76-99 51-75 I 26-50 6-25 I 3-5 11-2 I I4"x 8"x 2 1/4"Select Series I $20.00 $20.25 $24.00 $25.00 $27.00 $41.00 I $46.00 I $51.00 I8"x 8"x 2 1/4"Select Series I $40.75 $41.25 I $48.75 I $50.75 $54.75 $82.75 I $92.75 1$102.751 8"x 8"x 2 1/4" $75.75 $76.25 $83.75 $85.75 $89.75 $117.75 1$127.75 $137.751 Child Art/Custom Logo Signature Series Total Order Quantity 1501-1,000 I 100-500 I 76-99 51-75 26-50 16-25 3-5 1-2 14"x 8"x 21/4"Signature Series I $21.50 I $24.25 I $25.25 $26.25 $28.25 I $42.25 I $47.25 I $52.25 I 18"x 8"x 21/4"Signature Series I $44.25 II $49.75 I $51.75 I $53.75 $57.75 I $85.75 I $95.75 I$105.751 8"x 8"x 21/4" $78.25 $83.75 $85.75 $87.75 $91.75 $119.75 $129.75 $139.75 Child Art/Custom Logo I The above prices apply only to ln•stock pavers.All child art and logos will be subject to approval. For pricing on larger sizes or custom material orders(I.e.12x12 granite,concrete pavers,tile,etc.), please contact your account representative. B. Shipping Costs Standard ground freight is included in the price of the paver and applies to locations within the contiguous United States (excludes Alaska and Hawaii)for orders shipping to one location. 5. QUALITY GUARANTEE All engraved characters and our proprietary filler in the engravings are guaranteed for the life of the paver. Fund Raisers, Ltd. guarantees for the life of the paver that our proprietary filler will retain legibility of the lettering and prevent deterioration (chipping away of the inside of the letters) or collection of dirt or debris in the letters. Fund Raisers' quality guarantee is contingent upon Buyer adhering to the maintenance and cleaning guidelines provided by Fund Raisers and notifying Fund Raisers of any intent to alter these guidelines. Fund Raisers does not manufacture the pavers, therefore,the only warranty made by Fund Raisers is for the engraving/filler. Page 2 of 4 6. QUANTITY GUARANTEE Signing this Agreement in no way constitutes a quantity guarantee by Buyer. 7. MATERIAL SPECIFICATIONS Buyer to review and sign a Product Specification Approval Form indicating production specifications; i.e,, chosen materials, sizes and filler colors for the campaign. Due to the nature of fired clay products, FR does not guarantee: a) First order produced will be an exact color match to the sample(s) provided. b) An exact color match from one order to the next. c) The length of time any chosen material will be available from the manufacturer. Due to the fact that shade variations are not uncommon in the paver industry and styles and colors can be discontinued, Buyer can choose to purchase all materials at the start of the campaign to ensure material availability and color consistency. 8. TERMS OF PAYMENT Buyer will include a 50% deposit with each order placed. Buyer will be invoiced upon completion of engraving process. Balance due to be mailed within 10 days of invoice. A finance charge of 3% per month (an annual rate of 36%)will be charged on all past due accounts. 9. REPLACEMENT PAVERS A. Proofing The pavers will be stacked on pallets in accordance with order submitted. They will be in exact order for easy proofing. It is recommended that the pavers be proofed for spelling and chippage potentially incurred in shipping prior to installation. Buyer to be responsible for reinstallation costs due to failure to proof the pavers prior to installation. B. Warranty on Errors and Shiocina Damaae 1) Data Entry Errors: Any data entry errors resulting in replacement pavers made by Fund Raisers, Ltd., will be the responsibility of Fund Raisers, Ltd. Any data entry errors resulting in "re-do" pavers made by the Buyer will be the responsibility of the Buyer. 2) Damage in Shipping: Any pavers damaged during shipment will be replaced at no charge by Fund Raisers, Ltd., contingent on any"obvious exterior" damage to the packaging and/or pallet being noted on the delivery ticket by Buyer at time of delivery. 3) Damage in Installation: The Buyer will be responsible for any damage to the pavers during and after installation. Definition of Damage: Damage is defined as the following:chips on the exposed surface of the paver larger than 4 of an inch, grooves or slashes wider than 118 of an inch and longer than 2 inches, and cracks longer than 2 inches. Imperfections on the paver equal to or less than the above guidelines are much less noticeable when installed and viewed standing over them, rather than holding them a few inches away. FR's standards of determining acceptable pavers are far superior to the normal paver industry standard which typically allows larger chips, cracks, and grooves on the surface. 10. ORDERING REPLACEMENT PAVERS To receive replacement pavers under the above warranties, the Buyer must follow the format of the replacement request form available by request via e-mail from Fund Raisers, Ltd. This completed form should be faxed to Fund Raisers, Ltd. immediately following proofing of the pavers. Buyer will allow two weeks (one week for production and one week for shipping)to receive replacements. For quantities under twenty, the Buyer will allow four days for production of replacements. Method of shipment will be determined based on installation schedule. Fund Raisers, Ltd.will be responsible for all shipping costs incurred relating to Page 3 of 4 replacement pavers shipped to Buyer in accordance with our warranty claim procedures described in 8.B. above. 11. BINDING EFFECT This agreement is binding upon and insures to the benefit of the parties hereto and their respective successors and assigns. Neither party hereto may assign without prior written permission from the other party. 12. INDEMNITY Fund Raisers, Ltd. hereby agrees to hold the Buyer harmless and indemnify them from any lawsuits or claims filed by the Buyer's customer concerning the engraving of the pavers. REFER TO AMENDMENT #1 13. ENTIRE AGREEMENT This agreement embodies the entire Agreement between the parties relative to the subject matter hereof, and there are no oral or spoken agreements existing between Fund Raisers, Ltd. and Buyer, which are not expressly set forth herein. 14. FURTHER ASSURANCES In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered, Fund Raisers, Ltd. and Buyer hereby agree to perform, execute and/or deliver, or cause to be performed, executed, and/or delivered any and all such further acts, deeds, and assurances as may reasonably be required to consummate the transaction contemplated hereunder. 15. MODIFICATIONS The parties hereto may at any time hereafter modify or amend this agreement by a subsequent written agreement executed by the parties. This agreement may not, however, be changed orally nor shall it be deemed modified in any way by an act of any of the parties hereto. 16. GOVERNING LAW This agreement shall be interpreted and governed by the laws of the State of Idaho. REFER TO AMENDMENT #1 17. CONFIDENTIALITY ITEMS AND PROPRIETARY ISSUES AGREED TO Buyer agrees not to disclose Fund Raisers, Ltd. proprietary information including proprietary software technology, trade secrets, proposal, including financial projections - prepared for Buyer, product pricing and marketing, and financial or strategic business information disclosed to Buyer by Fund Raisers, Ltd. representatives, either directly or indirectly, in writing or orally. This confidentiality does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of Buyer. Dated this nineteenth day of September 2013. Fund Raisers, Ltd City of Chino Hills By T3frLJ Bv% ,/ //,.<- Bret Howard, Campaign Consultant '/ ` ,v"- Print Name and Title Page 4 of 4 PRODUCT SPECIFICATION APPROVAL FORM • ztOy Toll•Frce P.O.Box 8836 • 'Boise,Idaho 83707 • (205)377-9011 • Fax(208)377-9650 1800-288-647 Stµw_fundriserslIS rRt LABEL:4"x 8" Brick CITY,STATE: I CHINO HILLS,CA I PROJECT NAME: I CHINO HILLS COMMUNITY CENTER PRODUCT SPECIFICATION: PRODUCT TYPE BRICK MANUFACTURER I BELDEN SERIES I SELECT SERIES PRODUCT SIZE I 4"x 8"x 21A" TOLERANCES SIZE:PLUS OR MINUS 1/8"FOR LENGTH,WIDTH,THICKNESS AND DEVIATION FROM SQUARE PRODUCT COLOR SIENNA,VELOUR,CHAMFERED EDGE WITH LUGS FILLER COLOR-TYPE OATMEAL FONT COMPANY GERBER SCIENTIFIC PRODUCTS FONT NAME FRUTIGER 55 ACCT.AK. REV. D LETTER HEIGHT .5" FONT SPACING +50% SPACE LIMITATIONS UP TO 15 SPACES PER LINE,INCLUDING SPACES, NUMBERS, LETTERS,AND PUNCTUATION *Please be advised if you have chost b ckf l r,the listensl of the black may lessen aver time �.���(r *Clients Approval Signature: • Date: I[ Fund Raisers Approval Signature: ! Date: Cl _ Cr The following information Is for Fund Raisers,Ltd.use only. Stencil Notes: Production Notes: Shipping Notes: Shipping Info: PRODUCT SPECIFICATION APPROVAL FORM ii r Toll-Ftaa P.O.Dox 8836 • Raise,Idstn 83707 • (2us)377.9011 • Fat(208)377.9080 1-800-288$147 wuw.luo*aisersltdnzt LABEL: 8"x 8" Brick CITY,STATE: I CHINO HILLS,CA I PROJECT NAME: I CHINO HILLS COMMUNITY CENTER I PRODUCT SPECIFICATION: PRODUCT TYPE I BRICK MANUFACTURER I BELDEN SERIES I SELECT SERIES PRODUCT SIZE I 8"x 8"x 2'''A" TOLERANCES SIZE: PLUS OR MINUS 1/8"FOR LENGTH,WIDTH,THICKNESS AND DEVIATION FROM SQUARE PRODUCT COLOR SIENNA,VELOUR,CHAMFERED EDGE WITHout LUGS FILLER COLOR-TYPE OATMEAL FONT COMPANY GERBER SCIENTIFIC PRODUCTS FONT NAME FRUTIGER 55 ACCT.AK. REV.D LETTER HEIGHT .5" FONT SPACING +50% SPACE LIMITATIONS UP TO 15 SPACES PER LINE,INCLUDING SPACES,NUMBERS, A , LETTERS,AND PUNCTUATION *Please beadvised ifyou have chosen la fit the lnte tyoftheblackmaylessenovertime ( p j *Clients Approval Signature: • `(21AY Date: I L2z I j Fund Raisers Approval Signature: / Date: 1l9 Thefollowinn Information is for Fund Raisers,Ltd.use only. Stencil Notes: Production Notes: Shinning Notes: Shinning Info: AMENDMENT #1 12. INDEMNIFICATION Fund Raisers, Ltd. agrees to indemnify and hold Buyer harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the order, or their performance, regardless of Buyer's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of-the Buyer. Should Buyer be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Fund Raisers, Ltd. will defend Buyer (at Buyer's request and with counsel satisfactory to Buyer) and indemnify Buyer for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "Buyer" includes Buyer's officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Fund Raisers, Ltd., and any approval of such insurance by Buyer, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Fund Raisers, Ltd. pursuant to this order, including, without limitation, to the provisions concerning indemnification. 16. GOVERNING LAW This Agreement will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. 18. INSURANCE Fund Raisers, Ltd. must provide the following insurance: a. Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. b. Workers' Compensation Insurance: as required by the State of Idaho.