Loading...
04-054 Liquid Agency AGREIEMENT CITY OF C:UPERTINO City of 10300 Torre Avenue Cupertino ~~ ~~ Cupertino, CA 95014 ~~a~~ /~ ~~ 408-7?7-3200 NO. G~ /~~/ 1 BY THIS AGREEMENT made and entered into on the _ 30th day of JUNE ~.g 2004 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) LIQUID AGENCY (2) Address 448 S . MARKET ST . City SAN J S Zip Phone 0 (Hereinafter referred as CONTRACTOR), in considerati~m of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: STREET SMARTS REGIONALPARTNERSHIP PACKAGE (CITY OF CUPERTINO) EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A & B TERMS: The services and/or materials furnished under this Agreement shall commence on ,urT.v ~nnr~ and shall be completed before SEPTEMBER 2004 COMPENSATION: For the full performance of this AgreE~ment, CITY shall pay CONTRACTOR: NOT TO EXCEED $2,500.00 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harrnless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. Nodiscrimination shall be made in':he employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or se>: of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between Cite and undersigned. At all times Contractor shall be deemed to bean independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or tran:;ferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME GLENN GOEPFERT DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above: CONTRACTOR: CITY ERTINO: E3y ~-~.~ ~ "~ E3y Title Title F B C WORKS Soc. Sec # ~ 1 - APPROVALS EXPENDITURE DISTRIBUTION D T T H AD / / D TE ACCOUNT NUMBER AMOUNT (,Jl~ ~~ ~ 3, 0 CITY CL RK TE / A '~ ~ ~ T CITY Ct.E_RK COPY lJquid Agency 1 Brand MaricetIng 44f ,~..,. ~ '. Say Joss. C.`,1 ,>t':"ld c UJ£3.E" ~. ~ :".: - i:.. ,.Nn~, . Estimate To: Vicki Guapo oATe: June 29, 2004 COMPANY City of Cupertino rep: 408.777.3354 AooRess: 10300 Torre Ave. rax: 408.777.3333 Cupertino, CA 95014 PRO~ecT: Street Smarts Regional Partnership Package (City of Cupertino) Boa No.: COC3138 u oescRiPnoN: Liquid will provide design and project management to incorporate the City of Cupertino on all existing Street Smarts media materials listed below. All visual, messaging and text assets rnmain unchanged. The following deliverables are included in the estimate: - General PowerPoint Presentation Overview - Outdoor Signage • Bus Tails - (6) complete creative - "Let Pedestrians Cross, then Take Your Turn" - "Put the Other P~:dal to the Medal" - "Stopping is Part of Driving" - "Want to Meet Cops? Drive Fast" - "Spandex Isn't Armor. Exercise Caution" - "If you see kids, :slow down" • Transit Shelters - (~3) complete creative - "Let Pedestrians Cross, then Take Your Turn" - "Put the Other P~:dal to the Medal" - "Stopping is Part of Driving" - "Want to Meet Cops? Drive Fast" - "Spandex Isn't Armor. Exercise Caution" - "If you see kids, slow down" "Total does not include tax or shipping. Appro,~riate tax and shipping charges will be billed in addition to the amounts stated in the estimated fees. Terms and Conditions: See attached sheet with complete terms and conditions. EXHIBIT A (3 SHEETS) liquid Agency I Brend MaMceUrpg Deliverables Continued: ^ Advertisements English Color - (1) template where irriage and copy can be customized Black and white - (4) complete creative - "Let Pedestrians Cross, thE;n Take Your Turn" - "Put the Other Pedal to the Medal" - "Stopping is Part of Driving" - "Want to Meet Cops? Drive' Fast" Project Total $2,500.00 Liquid Agency I Brand Mericeting Terms and Conditions Job No.: COC3138 Project: Street Smarts Regional Partnership Package (City of Cupertino) 1. Professional Fee Billing: A 30% deposit may be required upon commencement of this agreement and will be due and payable prior to project start. The balance of project fees will be invoiced upon completion of milestones or as month end progress billings, whichever is sooner, and will be due and payable net 30 days from the date of invoice. 2. CA Sales Tax and out of pocket expenses will be billed in addition to the amounts stated. 3. Travel Expenses: If travel is necessar)~ for the timely completion of this project, travel costs including airfare and lodging will be billed at cost, upon client's approval. 4. Out of Pocket Expenses: Out of pocket expenses are defined as misc materials needed to complete the project such as postage, shipping and courier service, color prints or CDs. 5. Misc. Materials: All other material costs associated with the completion of this project such as photography, film, color output or othe~ miscellaneous materials will be stated separately and provided as part of this proposal or as a separate estimate for the client's approval. 6. The professional fees and schedules quoted and services described remain valid for 90 days from signature of agreement. Should the scope of the project change at any time during the 90 days or its course, or should the client introduce delays to the schedule described, Liquid reserves the right to review and revise our professional fees and schedules quoted and the services described. 7. Liquid assigns the title to all properties purchased for use in the development or preparation of final art or printed matter including special printing aids to the client prior to any use. 8. Liquid reserves the right to stop work i1` client account is more than 15 days past due. 9. Termination: This agreement can be terminated by either party at any time with 30 days written notice. The client agrees to pay all professional fees and materials against the project work including any outstanding out of pocket expenses and will be billed accordingly. The invoice will be due and payable Net 30 days fmm the date of invoice. 10. All budgets quoted are net, in U.S. dollars, payable in the United States and exclusive of any applicable taxes. 11. Liquid reserves the right to charge 1-1/2% per month interest (18% per annum) on all balances 30 days past due. Any account 90 days past due will be subject to review by the collection agency contracted by Liquid. In the evE~nt of default, the client agrees to pay all interest charges incurred to date, all collection charges, including court and attorney fees. If the foregoing meets with your approval, pleas: sign and fax to 408.850.8825. Client Approval Signature Date Printed Name Title City Hall ~~ j'~, - 10300 Torre Avenue „~~ Cupertino, CA 95014-0255 Phone: 408.777.3354 C~'i'Y OF Fax: 408.777.3333 CUPEI~TINO _ DEPARTMENT OF PUBLIC WORKS 15 June 2004 File: 74,019 James R. Helmer Director of Transportation City of San Jose 4 North Second Street, Suite 1000 San Jose, CA 95113 RE: Street Smarts Regional Partnership Pack:~ge Dear Jim: The City of Cupertino Public Works Department: (PWD) is interested in participating in the City of San Jose Street Smarts public education campaign targeted toward changing driver, pedestrian and bicyclist behavior. PWD will coordinate and conduct both a media and a community relations campaign to accomplish the: goals of the Street Smarts campaign. Our media campaign will utilize our own agency communication tools, such as the City's website, cable TV station, community newslE;tters, etc., to inform our residents about the program. Additionally, we will gr ehavioodi~op achiever the goal~hof theoStreett Smartsdpublic driver, pedestrian and blcycllst b education program in our community. We are interested in purchasing a regional partnership package that will include the complete re- branding of City of San Jose Street Smarts media materials. The package includes replacing the City of San Jose name with the City of Cupertino name on all available program materials. We request our tailored partnership package to include the following deliverables, for a cost of $2,500: General PowerPoint Presentation Overview • Outdoor SiQna~e - Bus tails - Transit shelters Advertisements - Color -visuals and text (English/Spanish/Vietnamese) - Black and white -visuals and text (En glish/Spanish/Vietnamese) • Templates -Fact sheets (English/Spanish/Vietnamese) EXHIBIT B Printed on Recycled Paper City Hall ,,{{~~ 10300 Torre Avenue f1.4~' ~~~'~~~ a 1=`~J' e~ t`; Cupertino, CA 95014-3255 Telephone: 408.777.3243 CITY of ~ rl { FAX: 408.777.3333 CUPE(~TINO 1 ~. :~ t , vickig@cupertino.org DEPARTMENT OF PUBLIC WORKS TRgNBMZTTgL 1~I~~ORgNDU~ TO: Jamie Ybarra DATE: 30 June 2004 Liquid Agency, Inc. 448 S. market Street . San Jose, CA 95113 FROM: Vicki Guapo, Senior Traffic Technician '1 V FILE: 74,019 RE: Agreement for Street Smarts Regiolial Partnership Package for the City of Cupertino At your earliest convenience, please sign the enclosed agreement and return to this office by the 15th of July. Thank you! - End - (~pU~- ~~~~ I~~ ~lU~ ~~~~ ~ v~~- ~~ ~~t; -~~ ~~~ ~~ ~ `'° C ~~ ~~ J~ ~~ ~~ S ~7~. ~~Z °~.. Enclosed: Agreement street smart partnership request.doc