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HomeMy WebLinkAboutCDC/2009-07 I 2 3 4 5 6 7 RESOLUTION NO. CDC/2009-7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH JUNE DURR, MARKETING AND PUBLIC RELATIONS CONSULTANT, AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR PROFESSIONAL MARKETING AND PUBLIC RELATIONS CONSULTANT SERVICES WHEREAS, the Community Development Commission of the City of San Bemardino 8 ("Commission") desires to enter into a marketing and public relations consultant agreement 9 ("Agreement") with June DUff, which will provide professional marketing and public relations 10 consulting services to the Redevelopment Agency of the City of San Bernardino ("Agency"). II 12 13 14 15 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section l. The Commission hereby approves and authorizes the Interim Executive Director of the Agency to execute an Agreement with June DUff, Marketing and Public Relations Consultant on behalf of the Agency together with such technical and conforming changes as may be Interim Executive Director of the Agency and approved by the Agency This Resolution shall take effect from and after its date of adoption by this 1 P;V\gendas\ResolutiOlls\Resolutions\2009\02_02_09ProfessionalServicesAgreement-ConsuhanlJ.DurrCDCRe'odoc 1 2 3 4 5 CDC/2009-7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH JUNE DURR, MARKETING AND PUBLIC RELATIONS CONSULTANT, AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR PROFESSIONAL MARKETING AND PUBLIC RELATIONS CONSULTANT SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 6 Development Commission of the City of San Bernardino at a ioint regular 7 thereof, held on the 2nd 8 Commission Members: 9 ESTRADA 10 BAXTER 11 BRINKER 12 VACANT 13 KELLEY 14 JOHNSON MC CAMMACK 15 16 17 meeting day of February ,2009, by the following vote to wit: Aves Navs Abstain Absent ----"-- x x x X X 7~O:;;;;; Secretary 18 The foregoing Resolution is hereby approved this "/"'" day of 19 20 21 22 Februarv ,2009. 23 Approved as to Form: 24 By: 25 26 27 28 ~~~c4U 2 P:lAgendaslResolutions\ResolutionsI2009\02-02_09 Professional Services Agreement _ Consultant J. Durr CDC Reso.doc CDC/2009-7 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ("Agreement ") is made and entered into on this 17th day of December 2008, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as "Agency") and June Durr, Marketing Consultant (hereinafter referred to as "Consultant"). WITNESSETH WHEREAS, the Consultant has over thirty-five (35) years of experience in marketing and public relations and expertise in the public/private sectors in the Los Angeles, Orange County and Inland Empire areas, including serving as the City's first Marketing and Public Affairs Director for eight (8) years under Mayor Judith Valles, and two (2) years at the Agency as their first Marketing and Public Relations Manager, as outlined in the attached summary Biography - June Durr (Exhibit "B"). In addition, the Consultant has various marketing education credentials and honors/awards in specialized fields for niche marketing, including recent Agency recognitions: 2008 National Development Council "Economic Development Professional of the Month", 2007 Cal State Honoree "Spirit of the Entrepreneur" Finalist and 2006 Los Angeles Business Journal's "Women Making a Difference" honoree; and WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the Consultant's services for marketing and public relations services as described in Exhibit "A" (the "Scope of Services") attached hereto and incorporated herein by reference and the 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 this Agreement as follows: 1. TERMS. (a) This Agreement shall commence as of the day and year first above written and shall remain in full force and effect until such time as either party provides a written thirty (30) day termination notice, and shall be subject to appropriate funding within the Agency's annual budget. (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." The Consultant commits the principal personnel listed below to the Scope of Services for the duration of this Agreement: Consultant: June Durr I P:\Agenda.\Agenda Attachment.lAgenda Attachments\Agenda AttachmentslAgrrntJ;_Amend Z009\02-02_09 Professional Services Agreemem_ Consultant 1. Durr.doc CDC/2009-7 3. AGENCY RESPONSIBILITIES. The Agency shall provide all supplies and materials necessary to accomplish the work in the Scope of Services, Exhibit "A". The Agency shall provide, in a reasonable timely fashion, 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. 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, finn, corporation, or entity without prior written consent of the Agency's Interim Executive Director or designee. 5. COMPENSATION. The maximum compensation for the Consultant's services, including Consultant's costs and expenses, compensation shall be equal to Forty-Five Dollars ($45) per hour with a maximum not to exceed the figure of $50,000 in anyone fiscal year. Reimbursement for travel, including travel mileage at the current Internal Revenue Service rate, and reimbursements for business luncheon meetings shall be pre-approved by the Interim Executive Director, in writing on a case-by-case basis, and shall be submitted for reimbursement with the Consultant's monthly invoice as supported by documentation in accordance with the Agency's policies and procedures. During the term of this Agreement, the Agency shall pay the Consultant on a bi- monthly basis (every two weeks) upon receipt of an itemized invoice from the Consultant, normally within two (2) weeks of receipt of said invoice. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. OTHER: The Consultant will retain keys to the interior and exterior of the Agency's building for after-hours office access and assignments and will also retain use and assignment of the Agency issued cell phone, (909) 520-6899 as previously authorized by the Interim Executive Director for the duration of this agreement. 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 Interim Executive Director, or designee, the Consultant shall provide reports or other work products as required, no later than on agreed upon dates of completion. Failure to provide such work products may prevent 2 P;\Agend..,\Agenda Altachment,\Agenda Allachments\Allenda Attachmenls\Agrmts-Amend 2009\02-02_09 Professional Services Agreement. Consultant J. Durr,doc CDC/2009-7 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 Interim 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. The 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. 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. The Consultant agrees to indemnify, defend and hold 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 out of this contract from Consultant's negligence, errors or omissions 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 3 P:\Agendas'Agcnda Attachments"Agenda AttachmentslAgenda Allachments\Agrmls_Amend 2009\02-02_09 Professional Services Agreement _ Consultant J DUff.doc CDC/2009-7 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. 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 the 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 Interim 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 the Consultant; June DUff, Marketing Consultant Post Office Box 3463 San Bernardino, California 92413 (909) 882-7431 To the Agency; Emil A. Marzullo, Interim 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. 4 1'.\Agendas\Ageoda Altachmems\Agenda Attachments\Agenda Attachments\Agrmts_Amend 2009\02-02-09 Professional Services Agreement- Consultant 1. DUff.doc CDC/2009-7 20. ENTIRE AGREEMENT. This Agreement with Exhibit "A" constitutes the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: d/;1/6?1 ~ By: Emil A. MarznlIo, In: xecntive Director Approved as to Form and Legal Content: BY:~ Agency oun I CONSULTANT Dated: (}.- d.-or By;/ I !-- C~L-U.... v<:9 ALt.ft./ J"lne Durr, Marketing Consultant j 5 P.\Agendas\Agenda Attachments\Agenda Allachments\Agenda AttachmentslAgrmt5_Amend 2009\02_02_09 Professional Services Agreement _ Consultant J DUIT.doc crrC/2009-7 Exhibit "A" June Durr Scope of Services . Follow on existing Agency Marketing projects . Website completion and public relations launch . Garner Holt "YETI" Project party & media launch . Marketing/advertising outreach - EDA W Downtown Core Project . IE Tourism Guide reserved Ad - design and editorial . Continued Advertising and promotion/publicity of Agency programs, serVlces, projects, venues to be determined for 2009 . Enterprise Zone Marketing support . California Theatre/Sturges/Arts support . New niche marketing projects/services, including, but not limited to: . International trade relations and cultural marketing support . 2009 1" quarter - Power of 24 Multi-media concept project currently under finalization for Interim Executive Director evaluation, launch and interim implementation; Coordination and management of the Agency's marketing components for the Power of24 publication on- line/web, TV3/IEMG and Radio partnership with EDA and San Bernardino County, The Business Press, KTIE 590 AM Radio, Pirih Productions; (the Agency's conceived business information niche product extended to San Bernardino County's 24 cities) . Finalize Agency's Santa Fe Depot and California Theatre's segment on Huell Howser's "Californias Communities" in association with the California Redevelopment Association . Other assignments as per the Agency's Interim Executive Director P:\AgendasIAgenda Arrachments'Agenda Altachmenj,\Agenda Allachment>\Agrrnrs-Amcnd 2009\02-02-09 Professional Services Agreement _ Consultant J. Durr.doc CDC/2009-7 Exhibit '"B" BIOGRAPHY - TUNE DURR June Durr has over 35 years of marketing & public relations experience in the public/private sectors in the Los Angeles, Orange County and Inland Empire areas. Her expertise and interest has included a wide range of fields from business owner, motor sports marketing to corporate marketing in the fashion & shopping center industries, public administration as the City of San Bernardino's first marketing & public affairs director under former Mayor Judith Valles, and currently serves as marketing & public relations manager for Maggie Pacheco, executive director for the City's Economic Development Agency, under current Mayor Pat Morris. June's career highlights include creating professional dress & career workshops for women, establishing Southern California's first mall teen board in the Inland Empire with Teen Magazine, where she was the first to train physically challenged teens and young adults for fashion shows & advertising; she created the first mall children's theater for the performing arts and established public/private programs for children's manners & etiquette classes. June sits on many boards but her favorites include the SB Symphony Board of Directors where she is founder & advisor of the 20-year Symphony Debs & Red Tie Guys regional high schools music appreciation program, and the SB Convention & Visitors Bureau on the marketing committees for the Board and new California Welcome Center. She has received many honors over the years, including two recent Polaris awards for marketing excellence from the Public Relations Society of America, Town & Gown honoree in 2003, and most recently National Association for Female ExecutivesjRegional For You Network's first Trailblazer Award recipient. Her education credentials include a scholarship to Weber CollegefUtah where she majored in Business Administration; Fashion Institute of Design & MerchandisingILos Angeles "Marketing Communications/' Cum Laude; Marketing Certification - International Council of Shopping Centers (ICSe). June is a former fashion model and current speaker/author and certified member of CLASS Professional Services, and is working on a series of children's books that address social issues under liThe Adventures of Malia Mouse" storyline, after her granddaughter, Malia June. A cancer survivor, her next personal focus is creating awareness for prosthetic advancement for people with special needs under a campaign she calls 1I0ul on a Limb." Her life-long motto is: "Don't follow where the path leads, instead find a new path & blaze new trails!" Exhibit "8" . CDC/2009-7 Management Development Participants, You're invited to explore The four P's of PROFESSIONALISM Packaging, Poise, Product and Presentation To move up the ladder of success we all need a reality check and this class does just that! You will learn tips on how to enhance your personal management style, beef up your personal demeanor/image, learn why marketing/public relations and effective communication to your boss, co- workers and the public is critical, as well as and take control of your future. By June Durr, Marketing & Public Relations Manager, Economic Development Agency Date: Wednesday, April 18, 2007 Time: 2:00 p.m. Location: Basement, Multipurpose Room City Hall If you are interested in attending, please RSVP with Helen Nguyen, x5161 no later than Friday, April 13, 2007.