Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: AUGUST 6, 2002

SUBJECT: RENEWAL OF AGREEMENT WITH TOM HOLLINGSWORTH FOR DESIGN SERVICES

RECOMMENDATION

Approve renewal of the agreement with Tom Hollingsworth for design services to ensure graphic continuity in the use of the City’s logo and custom typeface at a cost of $200.00 per month.

BACKGROUND

Just this past January, the City Council approved an agreement with Tom Hollingsworth for graphic design services.  That contract expired on June 30, 2002.  Since the contract was signed in January, staff has been working with Mr. Hollingsworth on a variety of formats containing the City’s logo: lapel pin, stationery for all City departments, business cards, recycling logo, budget cover, City press release format, Community Leader Breakfast invitations, coordination of print design with King Printing, and review and critique of three City Newsletters.  A few projects, such as a new service and City Council lapel pin and a design for the front doors at City Hall, are still in progress pending coordination of effort between City departments.  During the next year, staff and Mr. Hollingsworth will continue to work on projects as the need arises and also plan to start a “use” manual for the City’s logo. 

As with the agreement signed in January, this agreement calls for a rate of $200.00 per month for up to four hours of work.  Hours in excess of that will be billed at $75 per hour, with reimbursement for out-of-pocket expenses for graphic materials upon submittal of receipts; also, reimbursement for mileage exceeding 100 miles.

FISCAL IMPACT

Funds for this contract come out of the Community Outreach program of the General Fund.

CONCLUSION

The City entered into this agreement with Mr. Hollingsworth because it was desirous of maintaining consistency in of the use of the City logo.  In the six months since staff has been working with Mr. Hollingsworth on this project, review and design of many different uses of the logo has been accomplished. 

Respectfully submitted,

 

Jo Purcell
Administrative Services Director/
City Clerk

Reviewed:
Les Evans, City Manager

 

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this 1st July, 2002,  by and between CITY OF RANCHO PALOS VERDES (hereinafter “City”), and the RANCHO PALOS VERDES REDEVELOPMENT AGENCY (hereinafter “Agency”) (hereinafter referred to collectively as “the Parties”) and Tom Hollingsworth, an individual, hereinafter referred to as “Consultant”.

RECITALS

A. City and agency desire to retain the services of the Consultant to provide expertise in the artistic layout of certain City publications such as the quarterly Newsletter, cover design of official reports, design of City stationery and forms, informational brochures and other community outreach publications issued by the City and Agency, as directed by the City Manager and the Executive Director.

B. The Consultant is fully qualified to provide the services contemplated by this Agreement.

NOW THEREFORE, the parties hereto agree as follows:

1. Scope of Services

Consultant shall provide services to ensure graphic continuity in applications of the City logo and custom typeface including, but not limited to, layout the City’s quarterly Newsletter, official reports, design of informational brochures and reports, and other community outreach publications as directed by the Parties.

2. Schedule of Work

Consultant shall perform with due diligence the services requested by the Parties.  Consultant shall not be responsible for delay caused by failure of Parties to furnish timely information or to approve or disapprove Consultant’s work promptly, or delay or faulty performance by Parties, other contractors, or governmental agencies, or any other delays beyond Consultant’s control or without Consultant’s fault.

3. Billing Procedures and Fees

(a) Parties agree to compensate Consultant a monthly rate of $200.00 per calendar month for up to four hours of work.  Hours in excess of four will be billed at $75.00 per hour with a fixed not to exceed amount for each assignment, for the design services requested.  Each assignment under this agreement must be authorized in writing by the City Manager or Executive Director, as appropriate, prior to commencement of work and will include a brief description of the specified work, a time schedule for completion of the work and a not to exceed amount to be paid upon completion of the assignment or at agreed upon milestones not to exceed once per month payments.

(b) Consultant may bill Parties for long distance telephone calls, duplication, research time and time spent in meetings, all within the not to exceed fee for each assignment.

(c) The total amount of payments made under this contract shall not exceed $5,000.

4. Payment Address

All payments due CONSULTANT shall be paid to:

Tom Hollingsworth, Design Consultant
3648 Vigilance Drive
Rancho Palos Verdes, CA  90275

5. Terms of Compensation

Consultant will submit invoices monthly for the work completed in the previous month.  Parties agree to pay all undisputed invoice amounts within forty-five (45) days of receipt of the invoice.  Parties agree to use their best efforts to notify Consultant of any disputed invoice amounts within ten (10) days of the receipt of each invoice.  However, Parties’ failure to timely notify Consultant of a disputed amount of claimed work completed shall not be deemed a waiver of Parties’ right to challenge such amount or work completed.

6. Terms of Agreement

Unless sooner terminated as provided for herein, this Agreement shall be effective upon the date approved by the Parties and shall remain in effect until June 30, 2003.

7. Indemnification

Consultant will defend, indemnify and hold harmless City and Agency, their Boards and their officers, employees and agents (collectively “Parties”), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of Consultant, his agents, officers, directors or employees, in performing any of the services under this Agreement.

8. Worker’s Compensation

If consultant has employees, Consultant agrees to maintain in force at all times during the performance of work under this Agreement worker’s compensation insurance in accordance with Section 3700 of the California Labor Code.

9. Termination of Agreement

(a) This agreement may be terminated at any time, with or without cause, by either party upon (30) days prior written notice.  Notice shall be deemed served upon deposit in the United States Mail of a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 4.

(b) In the event of termination or cancellation of this Agreement by Consultant or Parties, due to no fault or failure of performance by Consultant, Consultant shall be paid compensation for all services performed by Consultant, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the percentage of the work performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to Consultant for the full performance of the services described in Article 3 or the amount specified by the City or Agency for the particular assignment.

10. Ownership of Documents and Work Product

All notes, computer disks, exhibits, materials, reports and documents prepared by Consultant pursuant to this Agreement are instruments of service which shall be deemed the property of the parties.  Parties acknowledge and agree that all notes, reports and other documents prepared by Consultant pursuant to this Agreement shall be used exclusively for the purpose represented and shall not be used for any other purpose without the written consent of Consultant.

11. Fair Employment Practices/Equal Opportunity Acts

In the performance of this Agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.).

12. Conflicts of Interest

Consultant agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code Section 1090 and 87100) in any decisions made by Parties on any matter in connection with which Consultant has been retained pursuant to this Agreement.

13. Legal Action

(a) Should either party to this Agreement bring legal action against the other, the case shall be brought in a court of competent jurisdiction in Los Angeles County, California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorney’s fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between the Parties and a party other than Consultant require the testimony of Consultant when there is no allegation that Consultant was negligent, Parties shall compensate Consultant for its’ testimony and preparation to testify at the hourly rates in effect at the time of such testimony.

14. Assignment

This Agreement shall not be assignable by either party without the prior written consent of the other party.

15. Independent Contractor

Consultant is and shall at all times remain, as to the Parties, a wholly independent Contractor.  Neither the Parties nor any of its agents shall have control over the conduct of Consultant or any of the Consultant’s employees, except as herein set forth.  Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner agents, servants or employees of Parties, it being distinctly understood that Consultant is, and shall at all times remain to Parties, a wholly independent contractor and Consultant’s obligations to Parties are solely such as are prescribed by this Agreement.

16. Extent of Agreement

This Agreement represents the entire and integrated Agreement between Parties and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.  This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties.

17. Notices

All notices pertaining to this Agreement shall be in writing and addressed as follows:

If to Consultant:

Tom Hollingsworth, Design Consultant
3648 Vigilance Drive
Rancho Palos Verdes, CA  90275

If to Parties:

Mr. Les Evans, City Manager/Executive Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA  90275

 

IN WITNESS WHEREOF, the parties hereto have executed this  Agreement as of the date and year first above written.

Dated:_________________________ _____________________________
  Tom Hollingsworth
   
Dated:_________________________

CITY OF RANCHO PALOS VERDES

 

A Municipal Corporation

   
  BY:__________________________
  MAYOR
City of Rancho Palos Verdes
ATTEST:  
   
______________________________ RANCHO PALOS VERDES
CITY CLERK   REDEVELOPMENT AGENCY
   
  BY:__________________________
  CHAIRPERSON
Rancho Palos Verdes
Redevelopment Agency