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HomeMy WebLinkAboutCDC/2005-16 1 RESOLUTION NO. CDC/200S-16 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE AGREEMENT FOR PROFESSIONAL GRAPHIC DESIGN SERVICES WITH AMADOR ESTEVENE AND AUTHORIZING EXECUTION THEREOF BY THE EXECUTIVE DIRECTOR 4 5 6 7 WHEREAS, on December 30, 2004, Amador Estevene after 36 years of service retired 8 from the Economic Development Agency ("Agency"); and 9 10 WHEREAS, because of Mr. Estevene's vast knowl~dge of the Agency and of the City of 11 San Bernardino ("City"), and his graphic design expertise and skills during the 36 years he was 12 employed at the Agency, the Agency desires to retain Mr. Estevene ("Consultant") on a sole 13 . source and a part-time basis to continue providing the Agency and the City with graphic design I 14 services pursuant to the terms and conditions of the Agreement for Professional Services 15 16 ("Agreement"); and 17 WHEREAS, with the retirement of Mr. Estevene, the Agency desires to retain his 18 services on a part-time basis, in accordance with Public Retirement System ("PERS") Rules and 19 Regulations for retirees. Staff recommends that the position of Graphic Design and Coordinator 20 be deleted, but that Mr. Estevene continues to provide services on a contract part-time basis 21 22 under PERS guidelines at the rate of $50 per hour, based upon comparable rates for employee 23 salary and benefits. Moreover, because of Mr. Estevene's unique qualifications, it is 24 recommended that the Graphic and Design Professional Services Agreement be excepted from 25 the Agency's "Administrative Procedure # 11 Procurement Policies and Procedures Purchase 26 27 Order" dated March 8, 2002; updated February 24, 2004 for services in excess of $25,000, 28 pursuant to the sole source exception; and 1 P:\Agendas\Resolutions\Resolutions\2005\OS..o5-02 Graphic & Design COC Reso.doc 1 WHEREAS, the Commission now desires to enter into an Agreement with Consultant for professional graphic services. 2 3 4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 5 6 7 Section 1. The Commission hereby approves and authorizes execution of the 8 Agreement with Amador Estevene, to perform professional graphic services for the Economic 9 Development Agency of the City of San Bernardino, including but not limited to the City of San Bernardino, not to exceed 850 hours annually, as attached hereto. 10 11 Section 2. The Executive Director of the Agency is hereby authorized to execute the 12 13 Agreement on behalf of the Agency in substantially the form attached hereto, together with such changes I therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or such other designated representative of the Agency is further authorized to do any and all things and take any and all actions as may be deemed necessary or advisable to effectuate the pmposes of the Agreement, including making non-substantive modifications to the Agreement. 14 15 16 17 18 19 Section 3. The Resolution shall become effective immediately upon its adoption. 20 III 21 III 22 III 23 24 III 25 III 26 /II 27 /II 28 /II 2 P:\Agendas\Resolutions\Resolutions\2005\05-05-02 Graphic & Design COC Reso.doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE AGREEMENT FOR PROFESSIONAL GRAPHIC DESIGN SERVICES WITH AMADOR ESTEVENE AND AUTHORIZING EXECUTION THEREOF BY THE EXECUTIVE DIRECTOR 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 Community Development Commission of the City of San Bernardino at aj oint regular 8 meeting thereof, held on the 2nd day of May , 2005, by the following vote, to wit. 9 Commission Members: Ayes Nays Abstain Absent ESTRADA ---1L LONGVILLE X MCGINNIS X DERRY X KELLEY X - JOHNSON -1L 10 11 12 13 14 15 16 MC CAMMACK X 17 C./a~... / ./ f///'-~ S'ecr~ / The foregoing Resolution is hereby approved this ~ day of May ,2005. 18 19 20 21 22 23 24 25 Approved as to form and legal content: 26 27 By /J/JU~[/~ Agency C nsel 28 3 P:\Agendas\Rcsolutions\Resolutions\2005\05-05-02 GTaphic & Design COC Resodoc: AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services is made and entered into on this 2nd day of May, 2005, by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (hereinafter referred to as "Agency") and Amador Estevene (hereinafter referred to as "Consultant"). WITNESSETH WHEREAS, on December 30, 2004, the Consultant after 36 years of service retired from the Agency, and now the Agency desires to continue the services of the Consultant on a sole source and part-time basis in accordance with Public Employee Retirement System ("PERS") Rules and Regulations regarding retirees and in accordance with the Administrative Procedure # 11, Procurement Policies and Procedures Purchase Order (see Certification attached); and WHEREAS, the Agency and the Consultant desire to enter into an Agreement to utilize the Consultant's services for graphic design as described in Exhibit "A" (the "Scope of Services") attached hereto and incorporated herein by reference. Consultant accepts responsibilities as described herein. NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree to enter into the Agreement as follows: 1. TERMS. (a) This Agreement shall commence as of the day and year first above and shall remain in full force and effect until such time as either party provides a written 30 day termination notice. (b) The Consultant shall perform work as requested and as needed by the Agency and promptly provide the finished product to the Agency. 2. CONSULTANT RESPONSIBILITIES. Upon the request of the Agency, the Consultant shall perform each element as needed of the work described in the Scope of Services, Exhibit "A". Consultant commits the principal personnel listed below to the Scope of Services for the duration of this Agreement: Consultant: Amador Estevene 3. AGENCY RESPONSIBILITIES. The Agency shall provide all supplies and materials necessary to accomplish the work in the Scope of Services, Exhibit "A". Agency shall provide the Consultant with any documentation, records, reports, statistics or other data or information pertinent to the Scope of Services, which are reasonably available to the Agency, and necessary to complete assignments. 1 P:\Agendas\Agenda Anachments\Agrmts-Amend 2005\05-05-02 Graphic & Design Agreement.doc 4. CONFIDENTIALITY OF REPORTS. The Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Agency's Executive Director or designee. 5. COMPENSATION. The maximum compensation for Consultant's services, including Consultant's costs, expenses and travel time or travel expenses, shall not exceed Fifty Dollars ($50.00) per hour, and shall not exceed 850 hours per year. During the term of this Agreement, the Agency shall pay the Consultant on a monthly basis upon receipt of an itemized invoice from Consultant. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. 6. USE OF FUNDS. The funds paid to the Consultant shall be used solely for the purpose as set forth in this Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. 7. NONDISCRIMINATION: PERFORMANCE. MONITORING AND REPORTING WORK The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. At the request of the Executive Director, or designee, the Consultant shall provide reports, graphics, or other work products. Failure to provide such work products may prevent payment of the Consultant's requests for compensation, and may justify the temporary withholding as provided herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the executive Director or designee that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the Agency. 8. CONFLICT OF INTEREST. The Consultant shall maintain a code or standard of conduct. Consultant shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the Consultant. 2 P:\Agendas\Agenda Attachments\Agrmts-Amend 2005\05-05-02 Graphic & Design Agreemenl.doc 9. INDEPENDENT CONTRACTOR. The Consultant shall perform each element of the work set forth in the Scope of Services as an independent contractor and shall not be considered an employee of the Agency. This Agreement is by and between the Consultant and the Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the Agency and the Consultant. 10. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the Agency. 11. INDEMNIFICATION. Consultant agrees to indemnify, defend and save harmless the Agency and the City of San Bernardino ("City"), its agents, officers and employees from and against all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with the Consultant's operations, or its services hereunder, including workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of the Consultant pursuant to this Agreement. The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on behalf of the Agency shall be considered as "legal fees" for the purpose of this Section. 12. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state, and local laws, regulations and directives as they pertain to the performance of this Agreement. 13. SEVERABILITY. In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair, or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 14. INTERPRETATION. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 3 P:\Agendas\Agenda ^nachments\Agrmts.Amend 2005\05-05-02 Graphic & Design Agreementdoc 15. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of the Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 16. WAIVER. No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same of any other provision hereof. 17. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Executive Director or designee. 18. TERMINATION. This Agreement may be terminated for the convenience of either party by giving written notice of at least thirty (30) days. 19. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To Consultant: Amador Estevene 9146 Tamarind Avenue Fontana, California 92335 (909) 823-1428 To Agency: Executive Director Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 (909) 663-1044 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 20. ENTIRE AGREEMENT. This Agreement with Exhibit "A" constitutes the entire understanding and agreement of the parties. 4 P:\Agendas\Agenda Anachmenls\Agrmts-Amend 2005\05-05-02 Graphic & Design Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. REDEVELOPMENT AGENCY of the CI~pF :; BERNARDINO / I ~ ;{;. Director Approved as to form and legal content: By tP(1t/~t4l1~ Agency C nsel CONSULTANT 5 P:\Agendas\Agenda Attachments\Agrmts-Amend 2005\05-05-02 Graphic & Design Agreemem.doc EXHIBIT "A" AMADOR ESTEVENE 9146 Tamarind Avenue Fontana, CA 92335 (909) 823-1428 Cell: (909) 645-6046 GRAPIDC DESIGN SCOPE OF SERVICES · Prepare graphic services for Agency staff when requested. · Prepare presentation graphics, sketches on Agency projects/activities and updates of same. · Prepare charts, graphics, descriptive drawings, isometric views, renderings of architectural, landscape or parking layouts for the purpose of relating proposed planning, design and construction concepts of public and project improvements. · Prepare illustrative materials for display at Agency/Council meetings or the Board Room. · Provide photoshop services (scanning, cropping, resizing and placement) as needed. · Provide advertisement design services. · Provide services in placing staff requested documents/powerpoint presentations on CD's for presentation purposes. · Assist in final design of cover and insert materials for Agency annual budget/final reports/annual implementation plan. · Assist in design and preparation of handout materials by staff for various programs provided by the Agency. Include the final layouts for printing services. · Update and setup materials for use on the Agency website. · All the above will be provided on a as needed basis. The Agency to provide all necessary materials/printing materials needed to accomplish said requests. CERTIFICATION I, Gary Van asdel, Executive Director of the Agency, hereby certify as required by the "Administrative Procedure # 11 Procurement Policies and Procedures Purchase Order" ("Procedure") dated March 8, 2002; updated February 24, 2004, that this Agreement for Professional Services with Amador Estevene is exempt from the competition purchasing requirement of the Procedures for supplies or services in excess of $25,000, and qualifies for the sole source exemption because for 36 years, Mr. Estevene, prior to his retirement from the Agency, has provided the Agency with quality graphic design services. Moreover, after 36 years of service with the Agency, Mr. Estevene elected to retire from the Agency in December 2005 and under the Public Retirement System (PERS) Rules and Regulations for retirees, the Agency can hire Mr. Estevene on a contract part time basis provided the hours worked do not exceed the limit under the PERS rules. It would be impractical and an economic disadvantage to the Agency to attempt to recruit for this position given the fact that Mr. Estevene can perform the services to the Agency at a cost savings (refer to Fiscal Impact of the Agenda Staff Report).