HomeMy WebLinkAbout2007 CON CDC Blik Consulting - CDC Pilot WebsiteAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
BLIK
THIS AGREEMENT is entered into this 18th day of June 2007, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and Biik, (the "CONSULTANT").
RECITALS
WHEREAS, the CDC desires to employ an "on call" CONSULTANT to
design and develop a pilot website for the Community Develoment Commission of the
City of National City and perform design and branding work as needed.
WHEREAS, the CDC has determined that the CONSULTANT is a graphic
design, advertising, public relations, and strategic marketing firm and is qualified by
experience and ability to perform the services desired by the CDC, and the
CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to
engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT, or under direct supervision of the
CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services
as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONSULTANT shall appear at meetings to
keep staff and the Community Development Commission advised of the progress on
the project.
The CDC may unilaterally, or upon request from the CONSULTANT, from time to
time reduce or increase the Scope of Services to be performed by the CONSULTANT
under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet
Revised August 2005
in good faith and confer for the purpose of negotiating a corresponding reduction or
increase in the compensation associated with said change in services, not to exceed
$24,000.
3. PROJECT COORDINATION AND SUPERVISION.
Jacqueline Reynoso, Community Development Coordinator, hereby is designated as
the Project Coordinator for the CDC and will monitor the progress and execution of this
Agreement. The CONSULTANT shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this
Agreement for the CONSULTANT. Tyler Blik, Principal, thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A", including "on call"
work, shall not exceed $24,000 (the Base amount) over a 6 month period, without prior
written authorization from the CDC Executive Director. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit "A"as determined by the
CDC.
The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for fumishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. Completion date for the entire project
and scope of work outlined in Exhibit "A" is not to exceed a December 2007 deadline.
The CONSULTANT has agreed to complete the CDC pilot website design and
development by August of 2007, and complete "on call" work, as needed over a 6
month period ending in December of 2007. Completion dates and time durations for
specific portions of the Project are subject to revision pending direction given to Blik at
the first planning meeting under Blik's contract with CDC.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
Memoranda, reports, maps, drawings, plans, specifications and other documents
prepared by the CONSULTANT for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT
hereby assigns to the CDC, and CONSULTANT thereby expressly waives and
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disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the
CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONSULTANT. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONSULTANT nor the CONSULTANT'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT
and the CONSULTANT's employees, and it is recognized by the parties that a
substantial inducement to the CDC for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees.
Neither this Agreement nor any interest herein may be assigned by the CONSULTANT
without the prior written consent of the CDC. Nothing herein contained is intended to
prevent the CONSULTANT from employing or hiring as many employees or
subcontractors as the CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONSULTANT with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONSULTANT, or any of the
CONSULTANT's employees except as herein set forth, and the CONSULTANT
expressly agrees not to represent that the CONSULTANT or the CONSULTANT's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONSULTANT, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONSULTANT's
obligations to the CDC are solely such as are prescribed by this Agreement.
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9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable
state and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONSULTANT, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONSULTANT
represents and covenants that the CONSULTANT shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit or
approval which is legally required for the CONSULTANT to practice its profession.
11. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONSULTANT's trade or profession currently
practicing under similar conditions and in similar locations. The CONSULTANT shall
take all special precautions necessary to protect the CONSULTANT's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONSULTANT's
professional performance, or the furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONSULTANT has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONSULTANT has notified the CDC
otherwise, the CONSULTANT warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by the CONSULTANT to use due diligence under
this sub -paragraph will render the CONSULTANT liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONSULTANT will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
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religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The
CONSULTANT shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CDC. The CONSULTANT shall limit
the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONSULTANT shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CDC for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, Toss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attomeys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the Califomia
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions,
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proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CDC or
its officers, employees or volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONSULTANT under this Agreement.
16. INSURANCE. The CONSULTANT, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
❑ A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONSULTANT shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
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inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for,and bear the costs of, its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONSULTANT. During said 60-day period the
CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement, or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONSULTANT shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and Tess any damages caused the CDC by the
CONSULTANT's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
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E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT;
(2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONSULTANT.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CDC:
To the CONTRACTOR:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
140 East 12th Street, Suite B
National City, CA 91950
Tyler Blik
Principal
Blik
655 G Street, Suite E
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City.
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The CONSULTANT also agrees not to specify any product, treatment, process or
material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT
shall at all times comply with the terms of the Political Reform Act and the National City
Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and
shall not use its official position to influence in any way any matter coming before the
CDC in which the CONSULTANT has a financial interest as defined in Government
Code Section 87103. The CONSULTANT represents that it has no knowledge of any
financial interests that would require it to disqualify itself from any matter on which it
might perform services for the CDC.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be govemed by and
construed in accordance with the laws of the State of California.
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Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with, or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
COMMISSION
OF THE CITY OF NATIONAL CITY
By:
Brad
Blik
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
By: ,
xecutive Director Tyler Bli , Principal
APPROVED AS TO FORM:
�J'.l
George H. Eiser, III
CDC Legal Counsel
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PROPOSAL- National City Branding
Jr,w 13. 2007
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OVERVIEW AND SCOPE OF WORK
National City has been involved in major efforts of community and economic development,
transforming this 120 year old multi -cultural city into a vibrant destination for business, entertainment
and quality living. With the continuing municipal marketing efforts, it has become evident that it is
time to renew and revitalize its image (brand identity) in the same manner. One that is contemporary,
easily identifiable and provides a timeless impression that has value for many years to come.
It is now time to tell the rest of the world your story - your history, who you are as a community, your
city amenities and the vision you wish to express.
National City represents many things to many different types of people. It is rich in cultural diversity,
so it will be important to understand the different requirements your brand identity will need to fulfill.
It will also be important to review and intimately understand the various ways your brand identity will
be implemented and utilized. We want to dig deep in understanding the issues you face, so that we
may provide the most successful and appropriate solutions.
National City has identified the immediate marketing/branding needs to focus on a new city logo or
identity and pilot web site for intemal evaluation. The following design and branding tasks have been
identified under this proposal:
• City Profile, Analysis and Identification of Applications
• VisuaVVerbal Referencing, Presentation of Findings
• Design, Design Refinement, Final Logo Production
• Early Logo Implementations
• Pilot Website Design, Design Refinement, Development and Launch
The following are optional components that you may later need or deem necessary in the
investigation of your brand strategies and philosophies. These design options will more closely
identify new identity applications and provide a clearer road map to your objectives:
• Communications Package (business cards, letterhead, envelopes, mailing labels, etc.)
• Overall Branding Conceptualizations
• Presentation of Brand Applications - Street Banners, Billboards, Vehicles, Sign Systems,
Advertising, Collateral
• Design Guidelines - Written document on all logo/identity specifications and how it should be
used by city employees, as well as outside vendors.
It will be the intention of Blik to work closely with Community Development Coordinator, Jacqueline
Reynoso and other key municipal personnel in discovering the specific needs, applications and uses
people will have with the new identity, so that we may properly design and implement them to meet
all criteria.
PROPOSAL - National City Branding
;3. 2C07
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PROJECT PHASE APPROACH
National City Identity - Logo, Tagline, Initial Brand Presentation
Your identity or logo becomes the defining "signature" 10 all future branding activity. From municipal
letterhead, business cards, city vehicles, web site, printed collateral materials and community
banners, the applications of your identity are many. It is the intention of Blik and this proposal to
provide National City (NC) with Phase 1 and Phase 2 components of the Identity, as well as branding
exercises that will provide visual design and concepts as to how you will present yourself to your
various audiences.
Phase 1 - Analysis and Identification, Presentation of Mood Board
• Review NC's identity and branding objectives, review various applications and identity uses
with NC, research other municipalities that have undergone a similar process
• Based on initial analysis and identification Blik presents NC with visual/verbal mood board
Note: mood board activities will serve as a framework for all future branding activities
Phase 2 - Initial Design Exploration
• Explore and determine optional city tagline to be used with new identity
• Conceptualize and design a variety of identity solutions
• Make formal presentation to NC
• NC reviews solutions, selects 2-3 of the most appropriate solutions to be further developed
in Phase 2
Phase 3 - Brand Design and Conceptualization
• Determine most appropriate characteristics of National City, research history, determine brand
intentions
• Based on Phase 1 analysis, develop 2-3 thematic brand concepts that portray city's
objectives and how they pertain to various brand assets (web site, ads, billboards, etc.)
• Present brand design concepts to NC for review
• NC reviews solutions, provides comment
PROPOSAL - National City Branding
June 13, 2OC7
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PROJECT PHASE APPROACH
National City Pilot Web Site
The Pilot Web Site has been described to Blik as a reevaluation and redesign of the city's existing
site, implementing a stronger (brand) message to the overall site, while understanding how we can
improve on user activity. This Pilot project is more about what the site can look like and how it may
function in the future. Blik will design and provide a navigational site that does not have all content,
only those sample sections and pages described in this proposal. fhe complete City website is
expected be awarded in September, with a launch in early 2008.
Blik will still evaluate and provide and updated site map, but the typical wireframe process and
evaluation will be handled after the Pilot site has been evaluated by National City. Final deliverables
will enable city employees to view and evaluate overall design/brand aesthetics and certain
navigational features in order for them to determine final site objectives.
Phase 1 - Site Evaluation and Mapping
• Review staff objectives and needs for web site
• Determine specific user activity and habits, profiles and use cases
• Develop site map based on needs and use cases, present to NC
• NC provides comment and revisions to site map
Phase 2 - Content Development and Wireframe (not a part of this proposal)
• Site map approved
• Blik reviews specific content objectives and their order of preference with NC
• Develop hierarchy of all web content and navigational features through wireframe
• Present navigable wireframe files to NC for review
• Make minor revisions, if necessary, for design preparation
Phase 3 - Site Design, Layout, and Writing Content
• Gather sample content from NC, research visuals for further support NC messaging
• Write brand text/messaging that supports city's needs and overall personality
• Blik designs sample pages (home page, about National City, history, departments, etc.)
• Present layouts of sample pages to NC for review
• NC provides comment to design/layout presentation
Phase 4 - Design Refinement
• Further develop site design and layout, research, acquire and edit specific messaging/content
• NC finalizes all visual and verbal content
• Present revised layout of most pages and their content for review by NC
• Coordinate final design files with development team
Phase 5 - Site Development Prototype
• Create and implement simple database schema and administration interface for site content
• Implement visual designs in semantically correct, CSS-driven XHTML templates
• Implement URL/Navigational structure based on wire frame
• Enter representative amount of content for testing and review purposes
• Initial site markup validation and cross-browser/platform testing
• NC reviews front end and admin interface of Pilot site prototype in preparation evaluation
• Determine hosting requirements, provide NC with proper link to review and evaluate sample
page navigation
PROPOSAL- National City (handing
.unc ' 3, 2007
Page 7 of iC
FEES
National City Identity - Logo, Tagline, Initial Brand Presentation
Phase 1 - Analysis and Identification, Presentation of Mood Board $ 1,800.
Phase 2 - Initial Design Exploration 4,800.
Phase 3 - Brand Design and Conceptualization 41000.
$ 10,600.
National City Pilot Web Site
Phase 1 - Site Evaluation and Mapping $ 1,600.
Phase 2 - Content Development and Wireframe NA.
Phase 3 - Site Design, Layout. and Writing Content 4,200.
Phase 4 - Design Refinement 3,000.
Phase 5 - Site Development Prototype
$ 13,400.
Total Fees $ 24,000.
Fees include all research, meeting and administration time.
EXPENSES
Design fees do not include expenses incurred with outside suppliers. These include, but not limited
to; color laser prints, mailing, messengers, materials, etc. Every effort will be made to minimize these
costs and will be itemized when you receive and invoice.
Color Proofs, materials $ 800.
Total Fees and Expenses $ 24,800.
PROPOSAL - National City BrandIng
JJra 13, 2007
Paw: Fn':0
TERMS
When signed into agreement, Blik will keep all information confidential, working on behalf of the
City of National City. In utilizing any outside venders Blik will acquire competitive bids, ensuring the
best quality and the most economical prices. All fees and costs will remain consistent unless the
scope of the project changes or the client requires additional steps in the processes. When entering
into agreement the City of National City should carefully read Blik's Policies & Procedures statement.
This statement is considered part of this contractual agreement and is the benefit of both parties.
Compensation for the execution of the project outlined in this proposal is $24,800. Phis fee will
cover all aspects outlined in the project description. Blik will initiate the project with a signed copy
of this agreement and a deposit of $4,000. (1 r months retainer). Blik will invoice the remaining
fees on a monthly basis, at $4,000. per month, documenting all services that have been
completed within that month. All payments are to be made net 30 days to the date on the
invoice. If the proposal and terms are acceptable to you please sign below.
Review and acceptance
Brad Rauiston,
Executive Director
City of National City Economic Development
Date
Tyler Blik, Principal Date
Blik
PROPOSAL- National City Branding
June 13. 2CC7
P<go9 of 10
Statement of Policies and Procedures
Confidentiality
Bilk understands the need for and maintains strict confidence on all rnatters involved in its
relationship with the client. This includes all communications from the client to Blik, as well as those
originating from Blik.
Project Initiation
Blik will not initiate work on any project without prior client agreement to the overall objectives of the
project, the design objective agreement and criteria, and an approved budget. Timetables
committed to by Blik begin only upon approval of the above and are subject to change should the
client, its agency, or other critical suppliers fail to meet agreed upon schedules for the supply of
requisite information and materials.
Design and Marketing Services
Design services for projects will include the following where applicable: project orientation and
research; concept, planning and presentation meetings; development of design concepts and
layouts; preparation of visual comprehensives for management review and approval. Any requests
outside of the proposal will be billed as an additional cost to the Client.
Buyouts
Significant buyouts, or outside purchases (above $300.) made by Blik on behalf of its clients, are
subject to prior client approval. Typically buyouts are wholesaled to us because of our on -going
relationships with our vendors. All authorized buyouts are billed at cost plus 20% to cover the
financial handling and administrative overhead of such tasks.
Design Protection
Creative work developed by Blik including designs and trademarks, is not intended to infringe on the
rights of third parties. Nonetheless, due to the complexity of such rights, Blik will not guarantee that
its clients will be protected from claims of others. As is customary in our profession, Blik does not
obtain clearance or registration of such rights on behalf of its clients, but recommends that legal
counsel be employed to determine the clearance and rights to all creative work.
Idea Rights
Once approved and/or used by the client, the final creative work becomes the exclusive property of
that client. If, for any reason, the client does not accept a design or subsequent ideas provided, the
rights and design revert back to Blik. Any other work developed in the course of that project
remains the property of Blik, as is customary in our profession.
Exclusivity
Agreements to provide exclusive services to any one industry or product category is not a normal
practice in the design profession, and is made by special arrangement only.
Initial and date
PROPOSAL- National City Bro.:any
Jere 13, 2007
Page 'A of 10
Statement of Policies and Procedures
Samples
Blik requires samples of all the printed materials provided for a client, as is customary in our
profession. Blik shall receive 25 samples directly from the selected printer and will be considered as
part of printing costs incurred by the client. This is usually a negligible amount.
Electronic Files
If the Client has requirements for how a project is to be prepared electronically, the Client must
communicate all requests in specific to the Designer before the project begins. Electronic tiles and
software documents related to the Client's project are the property of the Designer and must not be
copied, altered or modified without written permission of the Designer.
Legal Agreements
Only officers of Blik have the authority to enter into binding agreements on behalf of the company.
Schedules/Overtime/Rush Work
[he Designer reserves the right to adjust the schedule and/or charge additionally in the event that
the client fails to meet the agreed -to timelines for delivery of information. materials, approval of
information. Failure to meet these timelines will result of rescheduling of all future tasks.
A surcharge of time and a half will also be added for any services that are requested by the Client on
a rush basis, requiring work to be performed outside of normal working hours (8:30 am to 6:00 p.m.
Monday through Friday) and not included as part of the initial agreement.
Project Billings
Once final specifications for a project have been established, Blik will prepare an estimate of all cost
involved in the execution of the project. All significant (above $200.) subcontracted expenses for
products and services required to complete a project will be purchased from qualified suppliers and
only after Blik has received client approval.
Throughout a project, the client will receive progress billings that include any fee and/or production
expenses to date. The client will also be billed for any required products or services purchased by
Blik and used in the preparation and completion of project phases. These may include copy writing,
film processing, typography, color prints, photostats, messenger service, etc.
A 1 1/2% per month finance charge is applied on any balances unpaid after 30 days.
Initial and date
06/14/2007 11:C7 61969E1193
PRODUCER
AZTEC INSURANCE £ FINANCIAL CENTER, INC.
7560 UNIVERSITY AVE. SUITE A
LA MESA, 91941
612,698.1000 LICA0402007
NSUBED TYLER BLIK
DRA: TYLER BLIK DESIGN
655 "G" STREET, STE. E
SAN DIEGO, CA 92101
COVERAGES
ACC2BI1 CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS IRSIIED AS A MATTER OF INFORMAT1ON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
AZTEC 1N51.IRANCF PAGE F11
DATE IMW Ur )
INSURERS AFFORDING COVERAGE
INSURER Al AMCO INSU
INSURER D: alAT INSURANCE COMPANY
INSURER C.
INSURER D
PISURER E
THE
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POLICIES,
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POLICIES
REQUIREMENT,
PERTAIN,
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTTHSTANDMIC
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLASS,
TYPE OF INSURANCE
POLICY NUMBER
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DAM ... • • DATE IMM'DO/T II
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THOSE USUAL TO THE INSURED'S OPERATIONS.
*10 DAYS BOR NON—PAYMENT OF PREMIUM.
rren..r,n• rr ...... —.-- I _ I .__—
INSURER LETTER:
CITY OF NATIONAL CITY
ATTN: JACQULINE REYNOSO
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4301
E'AX#: 619-336-4286
ACORD 2E.4 (7/97)
CANCELLATION
SHOULD ANY OF THE ABOVE DEst7®Nf roucrn BE CANCW.E0 BEFOA% T E E cnnATIC
DATE niEnror, THE IOWJMIO IIISIIR9! WILL ENDEAVOR TO NAL* 3i1 DAYS W IMER
NOTICE TO INE COMEX:ATE NOL.DER NAMED TO THE LEFT, BUT FALJRE PO DO SO SHALL
MPOEE NO ONUGATION DR LABlJTY OF ANY KIM THE INSURER, RTS ADORE (
REPRESENT
fl ACORO CO T10N 1988
06/14/2007 TIIU 11:07
JOB NO. 8274001
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
June 25, 2007
Mr. Tyler Btik
Principal
Blik
655 G Street, Suite E
San Diego, CA 92101
Dear Mr. Blik,
On June 18, 2007, an Agreement was entered between the Community
Development Commission of the City of National City and Blik.
We are enclosing for your records a fully executed copy of the agreement.
Sincerely,
I
ad
Michael R. Dalia, CMC
City Clerk
Enclosure
cc: Community Development Commission
tecycicd Paper