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 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!
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Enclosed: Agreement street smart partnership request.doc