HomeMy WebLinkAboutHIRED HANDS GRAPHIC DESIGN & ADVENTURE, LLC 1-2011JUL 1 ? 20 1
N-2011-083
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SOfr1Nr1 YIC) AGREEMENT FOR PROVISION OF
GRAPHIC DESIGN SERVICES
THIS AGREEMENT, made and entered into this 17"' day of June, 2011 by and between
Hired Hands Graphic Design &- Advertising, LLC, a limited liability company (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
graphic design to create a logo for Fleet Services.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Consultant's Proposal, attached
hereto as Exhibit A.
2. DELIVERY OF WORK PRODUCT -OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
3. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit A. The total sum to be expended under this Agreement
shall not exceed $1,500.00 during the term of this Agreement.
4. TERM
This Agreement shall commence on the date first written above and terminate on City
delivery of the approved high resolution graphic.
5. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement.
6. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Finance 8t Management Services -Fleet Maintenance
City of Santa Ana
215 S. Center St. (M-25)
P.O. Box 1988
Santa Ana, California 92703
telefacsimile (714) 647-3539
To Consultant: Hired Hands Graphic Design 8r Advertising
PO Box 7470
Cave Creek, Arizona 85327
telefacsimile (480) 488-2539
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
7. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
8. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void.
9. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination.
10. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
11. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
PAUL M. WALTERS
Acting City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
City Attorney
Lau'fa Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
HIRED HANDS GRAPHIC
DESIGN 8c ADVERTISING, LLC
-t?f1Mc? ?-C?,X' a Z4?1 ???
FRANCISCO GUTIERREZ
Executive Director
Finance 8r Management Services
(NAME)
(Title)
Tax ID# ?-?%' ? 3 '? ? t-F ? C
Stacy Daniel Cell (4B0) 389-9674 StacyKDaniel207 7 @gmail.com
stacy@hiredhandsgraphics.com
H I R E ? H A N ? S Fred Daniel Cell (480) 389-9659 headfred@fredsociety.com
fred@hiredhandsgraphics.com
Graphic Design & Advertising, LLC PO Box 7470, Cave Creek, AZ 85327 Fax (480) 488-2539
? ? • ? ?
Client: City of Santa Ana/Facilities, Fleet & Stores Date In: May 19, 201 1
Address: 215 S Center Street, Bldg #J M-83 Project: Logomark Graphic
Santa Ana, CA 92703
Contact: Rick Longobart
Phone: 714-647-3348
Specs: B&W and 4-color
Ref 1 : Facilities, Fleet & Stores
Ref 2:
Fax: Email: rlon obart
g @santa-ana.org
i ? ? ? ?
Job to include the following:
LOGOMARK
Design, layout and production $ 1,500.00
(no sales tax)
Logo graphic to represent "Green" facilities, fleet and stores
Provide (3) B&W graphic designs to client for review of which (1) will be completed
Minor revisions will be accepted
Once B&W graphic is "approved" by client, color will be applied for review
Upon final "approval" high-resolution files will be emailed to client
Purchase Order #
• Cost does not include print supen?ision, printing, photography (troditionD/ or digital, photo art direction, copy writing or postage.
• ALL PR/CES ARE SUBJECT TO SALES T.4 ? UNLESS STATED. Changes ofrer approval stages wi/l be billed accordingly. IOOc/o RUSH CHARGE
• All a/ectronic b/es creo[ed for the above job(s) ore the property of Hired Hands Graphic Design S Adver[ising [[C
The quoted paces are based on the outlined specifications. Any changes will be quoted poor to any additional work being initiated. I/VVe further understand That any changes in the pro
ea
may resuh in additional charges. IANe agrees HIRED HANDS GRAPHIC DESIGN & ADVERTISING, LLC, is not responsible for any typographical or factual error. IANe or our designee is
responsible for proof reading for accuracy and content PERSONAL GUARANTEE: I/VVe agree to the specifications, terms and conditions of this project agreement I/VVe do sign this projeR
application on behalf of applicant and as individuals do personally guarantee payment of all present and future indebtedness to HIRED HANDS GRAPHIC DESIGN 8 ADVERTISING, LLC,
including all reasonable attorneys fees and/or collection expenses incurred by HIRED HANDS GRAPHIC DESIGN 8 ADVERTISING, LLC, by reason of default in paymen; also service charges on
past due balances at 1.5?/o per month on the unpaid balance. I/We also agree that our personal liability hereunder shall not be deemed to be released or discharged by any extension of
time,
or by any other modficalion, substitution, settlement supplement or compromise granted to applicant or by any change in the legal form or ownership of applicant. IANe are authorized
to
instruct you to proceed on the above outlined project I/we understand that this project is subject to HIRED HANDS GRAPHIC DESIGN 8 ADVERTISING, LLC, "terms and conditions." Estimates
are good for 30 days.
( ) 1 /2 payment with order - bal ce due before delivery or emailing of final files
COD ( ),Depequired ( ) Net 30, /
DATE
The signature of an offpic?f, if cgr(iora2iATsignature of all partners if general partnership; signature of the general partner, if limited partnership; signature of owner,
if individual ownershi ? re [rect.
MAYOR CITY MANAGER
Miguel A. Pulido? David N. Ream
MAYOR-PRO TEM i?: CITY ATTORNEY
Claudia Alvarez ? ?i?w,.„ Joseph W. Fletcher
COU NCILMEMBERS CLERK OF THE COUNCIL
Carlos Bustamante ? ??. Maria D. Huizar
P. David Benavides _
Michele Martinez
Vincent F. Sarm lento
Sal Tinajero
CITY OF SANTA ANA
FINANCE 8r MANAGEMENT SERVICES AGENCY
PURCHASING DIVISION
20 CIVIC CENTER PLAZA M-16
P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702
PHONE: (714) 647-6941 FAX: (714) 647-6944
The Tax Equity & Fiscal Responsibility Act of 1982 and Backup withholding Regulations of 1983
require us to have a Social Security or Federal Tax Identification Number (TIN) on file for all
vendors subject to form 1099 reportable payments. Please print, sign and return this form, along
with your completed and signed W-9 (attached) in order to allow us to process purchase orders
and payments.
Business Name Hired Hands Graphic Design & Advertising, LLC
DBA (if applicable)
Purchase-From Address
1 740 N Cahava Ranch Road
Remit-To Address
PO Box 7470
Cave Creek, AZ 85331
Phone 480-389-9674
Fax 1480-488-2539
Cave Creek, AZ 85327
Email 'stacy@hiredhandsgraphics.com OR stacykdanie12011@gmail.com
Web Address www.hiredhandsgraphics.com
Payment Terms X30 days with PO
i
Sign Here ` L?????;,? 1j Title co-owner-with my husband Fred Daniel
VENDOR AGREEMENT INFORMATION
This form directs Purchosing to set-up the Agreement in the Lawson software for povment purposes
• ?
Vendor Name: HIRED HANDS GRAPHIC DESIGN 8? ADVERTISI?J A reementNo.:
Descri tion o Services Goods rovided: CREATE A LOGO FOR FLEET SERVICES
Contract Term: JUNE 17, 2011 UNTIL DELIVERY OF CITY APPROVED LOGO
ContractAmount: NOT TO EXCEED $1,500
Contract Type: ? Service Only ? Goods Only Qx Goods 8c Service
Cit wide Bu er Pro "ect Mana er
Administrator De t. Fisca/
Create Commitment (Funds encumbered): ? Yes 0 No
Accountin Unit Account # [ more than one, list below : 075-1 O-1 00 62300
Activit Cate o
/assurance required: ? Yes Q No /assurance Expiration Date:
Accounting Unit/Account:
Activity /Category:
Amount:
i
Accounting Unit/Account
?
Activity/ Category:
? Amount ?
Accounting Unit/Account:
? Activity/Category: i
? Amount: ??
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? Accounting Unit/Account:
Activity/Category:
Amount
Additional Information (i. e. price list, terms, etc.)
I
Send completed form to: Sandy Perez, Purchasing, M-16; Fax: 714-647-6944; E-mail: SPerez?a sonto-ana"org
FMSA/v2 3-9-10