Graphic Design Serv
AGREEMENT FOR GRAPHIC DESIGN SERVICES
This AGREEMENT, made on this 22nd day of March, 2005, in Salina, Kansas between the
City of Salina, Kansas, hereinafter referred to as the "OWNER", and Michael Gutierrez
Design, hereinafter referred to as the "DESIGNER".
RECIT ALS
OWNER wishes to obtain the graphic design services of DESIGNER for a PROJECT
involving the creation of labels and panels for the Crossroads of the Heartland gallery
renovation. DESIGNER has negotiated the terms of such an Agreement with OWNER and
has agreed to the terms as set forth hereafter.
AGREEMENT
The parties hereby agree as follows:
1.
TERM OF AGREEMENT
OWNER hereby retains DESIGNER and DESIGNER accepts such responsibilities for the
development of a PROJECT for exhibit labels and panels to be developed for the Smoky Hill
Museum, Salina, Kansas. PROJECT period will commence March 22, 2005 and terminate
with completion of all label panels on October 31, 2005.
2.
SCOPE OF CONSULTANT'S SERVICES
DESIGNER agrees to complete the PROJECT, as specifically set forth:
a) Design Crossroads of the Heartland labels. This will be done in conjunction with
Museum staff and will include:
b)
1) DESIGNER will be responsible for developing a design theme for introductory,
main, secondary, tertiary and quote labels.
2) All introductory, main, secondary, tertiary and quote labels as designated in the
Master Plan and the attached scope of work.
Provide labels to Museum staff for evaluation as prescribed in the following schedule
of work:
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MGD Proofs for Sections 1-7 April 19
SHM Review & get comments back to Designer April 26
MGD Complete final designs for Sections 1-7 May 3
MGD Make edits as needed during fabrication for Sections 1-7 May 3-31
MGD Proofs for Sections 8-16 June 7
SHM Review & get comments back to Designer June 14
MGD Complete final designs for Sections 8-16 June 21
SHM& Make edits as needed during fabrication for Sections 8-16 June 21-
MGD October 31
c)
Refine and revise designs according to staff evaluation input:
1) Issue revised labels to staff for review and comment
2) Meet with staff to discuss revisions
3) Issue final label and panel designs
OWNER agrees to provide to DESIGNER:
a) OWNER will work with the DESIGNER to complete the labels, providing review,
information, and resources as required.
b)
OWNER will provide access to script, artifacts, graphics, and photographs as required
for label design, as well as other information needed to expedite the process.
OWNER will handle DESIGNER'S requests for information in a timely manner to
avoid delays.
c)
3.
PERFORMANCE OF DUTIES
DESIGNER agrees that he, and any person representing him, shall perform at all times
faithfully, industriously, and to the best of their ability, experience, and talents, all of the
duties that may be required to complete the project described hereunder and shall devote such
time to the performance of such duties as may be necessary.
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4. DESIGNER'S COMPENSATION AND SCHEDULE
The OWNER shall pay an amount not to exceed nineteen thousand eight hundred dollars
($19,800) for services provided by the DESIGNER under this Agreement. OWNER shall
pay DESIGNER according to the terms and schedule set forth.
a) Each check to DESIGNER shall be made payable to: Michael Gutierrez Design, 2035
E. Iron, Ste. #236, Salina, KS 67401.
b)
OWNER shall make payments to the DESIGNER according to the following schedule:
1) Fee will be based on actual hours spent on the project at an hourly rate of$60.
2) Payment shall be made in installments billed not more frequently than once each
month upon receipt of invoice from DESIGNER.
3) Cost of Services provided by the DESIGNER shall not exceed 330 hours at
$60/hour, with a maximum compensation not to exceed $19,800 for completion
of the project.
All payments shall be subject to OWNER'S review of product workmanship and
c)
conformance with Scope of Consultant's Services, as included in Section 2. Payments
will be made by OWNER within thirty (30) days after receipt of DESIGNER'S
mvOlce.
5. NON-ASSIGNMENT
Neither party may assign any of its rights under this Agreement without the prior written
consent of the other party.
6. OWNERSHIP OF PROJECT
Finished PROJECT shall become the property of the OWNER once it is accepted by the
0 WNER.
7. COPYRIGHT
The OWNER acknowledges that the DESIGNER is an independent contractor and that the
PROJECT is not a work for hire (defined in this Agreement as works produced by employees
within the scope of their employment). The OWNER retains copyright on all intellectual
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content and design for the PROJECT. Except as provided in this Agreement, the
DESIGNER owns and retains all other copyrights in the PROJECT.
8. DEFAULT AND REMEDIES
If the DESIGNER willfully or negligently fails to fulfill in a timely and proper manner, or
otherwise violates any of the covenants, agreements, or stipulations material to this
Agreement, the OWNER shall have the right to give written notice of default to the
DESIGNER, defining the default(s) and date by which the default(s) must be remedied to
avoid termination of this Agreement. The DESIGNER shall have thirty (30) calendar days
after receipt of the notice to remedy the default(s). Defaults may include, but are not limited
to: failure to present a PROJECT script section draft for review by the OWNER or failure to
produce required documentation in accordance with the Scope of Consultant's Services in
Section 2.
9. TERMINATION
a)
The OWNER may, at its option, without further notice or demand upon DESIGNER,
immediately cancel and terminate this Agreement and terminate each, every and all of
the rights of DESIGNER and of any and all persons claiming by or through
DESIGNER under this Agreement, if any of the following events occur:
1)
2)
At any stage of the work the DESIGNER abandons the PROJECT; or
DESIGNER defaults in the performance of the Agreement, as described in
Article 8 of this Agreement, and fails to remedy such default within thirty (30)
calendar days following the service on the DESIGNER of a written notice from
the OWNER specifying the default(s) complained of and the date on which its
rights will be terminated as provided if such default(s) are not remedied.
b)
In the event the OWNER elects to terminate this Agreement, the OWNER shall pay
DESIGNER the reasonable value of completed portions of work that have been
inspected and accepted by OWNER up to the date of termination, but not to exceed
the amounts as scheduled in the Agreement. All finished and unfinished products
prepared for submission by the DESIGNER under this Agreement shall at OWNER'S
option become its property. DESIGNER shall also completely absolve herself of all
credit to PROJECT reproductions, transfer all copyright in PROJECT to OWNER,
and grant OWNER with irrevocable license to complete the PROJECT.
10.
MODIFICATIONS
This agreement represents the entire agreement between the OWNER and DESIGNER and
supersedes any and all prior negotiations and agreements either written or oral. Modification
to this contract may be made by mutual agreement and must be made in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written
below.
OWNER:
CITY OF SALINA, KANSAS
DESIGNER:
MICHAEL GUTIERREZ DESIGN
By: B~ -~~
Dennis M. Ki mger
By: ~~ ~z
ichael Gut e ez
Title: City Manager
Title:
~\w.J W t~-
Date: 3/21/2005
Date: -:s -:t ß - ~ S
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