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