HomeMy WebLinkAbout05.D- City Manager it
DOC ID: 3019 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 04/07/2014
Prepared by: Brandon Mims, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a First Amendment to the Professional Services Agreement Between Hector
Contreras and the City of San Bernardino for Contract Content Production to Include
Coordination of the City's Public Access Internship/Public Access Training Program. (#3019)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: «$66,883» Account No. «107-100-0133*5505»
Account Description: <<Other Professional Services>>
Balance as o£ <<March 19, 2014»
Balance after approval of this item: «$58,883»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Background:
Since 1988 the City of San Bernardino has provided the ability for residents, non-residents and
students (via internship) to be trained in the production of TV shows and airing such shows on
the city's Public Access channel.
Statement of the Issue
In 2012, the Redevelopment Agency was eliminated and its operations wound down, including
the layoff of most of the channel's staff and the suspension of both the Internship and Public
Access Training programs.
Analysis
The Internship and Public Access Training programs are vital tools to creating innovative local
content and both programs are very popular among residents and the business community. Since
the suspension of the Public Access Training program, staff has been contacted by both city and
non-city residents as to when the program would be restarted. During 2010 to 2011 there were
190 program registrants and an additional 63 attended two training workshops. Although
surrounding cities have Government Channels to air their respective council meetings, the City
of San Bernardino is the only city in the Inland Empire that had a Public Access channel and a
training program. Staff sees an opportunity to begin providing these services again the following
available assets.
Updated:4/1/2014 by Telicia Lopez A Packet Pg. 92
5.D
3019
• Studio and equipment for checkout
• Available air time on Public Access channel
• Internet streaming of Public Access channel
• Existing training curriculum
• Workshops for advance training on either software or hardware
• Distribution on Time Warner, Charter Communications, Verizon FIOSTV and AT&T U-
verse.
Local institutions are ready and willing to provide interns once the program is restarted.
California State University, San Bernardino (CSUSB), San Bernardino Valley College (SBVC)
and Art Institute staff have reached out to city staff concerning media production internship. The
purpose of the city's media production Internship program is to provide hands on experience to
any student that would like to learn and experience media production and also receive course
credits. The purpose of the Public Access Training program is to provide instructional training
and equipment to residents so they could produce content to be aired on the city's Public Access
channel. Students from local high schools, SBVC and CSUSB have been past facility interns
and worked in the Public Access Training program.
Recommendation
Staff recommends restarting both the Internship and Public Access Training Programs by
amending an existing agreement between Hector Contreras, Contract Content Producer.
Supporting Documents:
reso 3019 (PDF)
agrmt 3019 (PDF)
IEMG Vendor Services Agrmt Hector Contreras (PDF)
Updated:4/1/2014 by Telicia Lopez A Packet Pg. 93
i
5.D.a
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
4 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
HECTOR CONTRERAS AND THE CITY OF SAN BERNARDINO FOR CONTRACT
5 CONTENT PRODUCTION TO INCLUDE COORDINATION OF THE CITY'S
PUBLIC ACCESS INTERNSHIP/PUBLIC ACCESS TRAINING PROGRAM
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
s v
SECTION 1. That the City Manager is hereby authorized to execute the First o
9 d
10 Amendment to the Consultant Services Agreement between Hector Contreras and the City of c
11 San Bernardino, attached hereto as Exhibit"A" and incorporated herein.
N
12
SECTION 2. That the Director of Administrative Services is hereby authorized to a
13 v
increase purchase order #2014-00000795 by $8,000.00 for a total amount not to exceed 3
14 d
15 $32,999.00.
tlJ
d
16
17
18
M
19
20 ///
21
r
22
23
24
25
26
27
28 Ill
l
Packet;Rt.94
5.D.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
3 HECTOR CONTRERAS AND THE CITY OF SAN BERNARDINO FOR CONTRACT
CONTENT PRODUCTION TO INCLUDE COORDINATION OF THE CITY'S
4 PUBLIC ACCESS INTERNSHIP/PUBLIC ACCESS TRAINING PROGRAM
5
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof, held on
E
$ the day of , 2014, by the following vote, to wit:
0
9 L
Council Members: AYES NAYS ABSTAIN ABSENT °'
10
11 MARQUEZ
L
12 BARRIOS
13 VALDIVIA 2
14 �
SHORETT
15
N
NICKEL
16
17 JOHNSON M
1a MULVIHILL c
M
19 w
L
20 Georgeann Hanna, City Clerk
E
21 The foregoing Resolution is hereby approved this day of 52014.
22 Q
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
By:
28
2
Packet
I FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
2 HECTOR CONTRERAS AND THE CITY OF SAN BERNARDINO
3
4 THIS FIRST AMENDMENT is made and entered into as of April 7,2014 by and between
5 the CITY OF SAN BERNARDINO, a charter city ("CITY") and HECTOR CONTRERAS
6 ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein,
E
7 the parties agree as follows:
a�
0
L
8 1. This Amendment is made with respect to the following facts and purposes: a
9 a. On August 26, 2013, the City and Consultant entered into that certain S
L
10 agreement entitled "Contractor Professional Services Agreement"between the N
a�
I I City of San Bernardino and Hector Contreras ("Agreement")for$24,999.00. 8
4
12 2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increase
a.
13 the amount from$24,999.00 to an amount not to exceed$32,999.00.
14 3. The Scope of Work in Exhibit "A" to the Agreement is hereby amended to include
15 coordination of the City's Public Access Internship/Public Access Training Program. c
M
16 4. Except for the changes specifically set forth herein, all other terms and conditions of )
0
17 the Agreement shall remain in full force and effect. 2
E
L
18 IN WITNESS THEREOF, the parties hereto have caused this First Amendment to be
19 executed by and through their respective authorized officers, as of the date first above written. E
20
r
21 CITY OF SAN BERNARDINO, CONSULTANT a
A Municipal Corporation Hector Contreras
22
By:
23 Allen Parker, City Manager
24 APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
25
26
B;
27 1
28
Packet Pg.96
2
t
CONTRACTOR PROFESSIONAL SERVICES AGREEMENT
This CONTRACTOR Professional Services Agreement is entered into this 26 day of
August, by and between Hector Contreras _("CONTRACTOR") and the City of San
Bernardino ("CITY" or"San Bernardino").
N
E
WITNESSETH:
0
L
a
WHEREAS, it is advantageous and in the best interest of the CITY to contract for
Production Content in relation to its-Public,Educational and Governmental channel; and c
— S
L
NOW, THEREFORE, the parties hereto agree as follows: y
d
1. SCOPE OF SERVICES. Q
For the remuneration stipulated, San Bernardino hereby engages the services of .2
CONTRACTOR to provide those products and services as set forth on Exhibit "A," attached a
hereto and incorporated herein. The City shall have sole discretion whether to accept or reject the
product provided by CONTRACTOR.
N
d
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall M
pay the CONTRACTOR up to the amount of $24,999 for Production Content as y
defined on Exhibit A pursuant to the pricing structure therein.
0
L
d
b. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. r
0
3. TERM; TERMINATION.
0
The term of this Agreement shall be for a period of one year. This Agreement shall
commence September 1, 2013 and terminate August 31, 2014. _
This Agreement may be terminated at any time by thirty (30) days' written notice by E
either party. The terms of this Agreement shall remain in force unless mutually amended. The a
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
d
Cn
CONTRACTOR agrees to and shall indemnify and hold the City, its elected officials, 0
employees, agents or representatives, free and harmless from all claims, actions, damages and =
liabilities of any kind and nature arising from bodily injury, including death, or property damage, >
based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees,
agents, or subcontractors, relating to or in any way connected with the accomplishment of the w
work or performance of services under this Agreement, unless the bodily injury or property
damage was actually caused by the sole negligence of the City, its elected officials, employees, E
agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect
and defend at its own expense, including attorney's fees, the City, its elected officials, Q
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of
express or implied indemnity against the City, its elected officials, employees, agents or
0
Pelcket Pg.97
1
representatives, with respect to third party claims against the CONTRACTOR relating to or in
any way connected with the accomplishment of the work or performance of services under this
Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, E
CONTRACTOR shall maintain in effect policies of comprehensive public, general and o
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and 0.
statutory worker's compensation coverage, and shall file copies of said policies with the CITY's
Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as
an additional named insured in each policy of insurance provided hereunder. The Certificate of F
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to y
any change in or termination of the policy.
a
6. NON-DISCRIMINATION. 2
In the performance of this Agreement and in the hiring and recruitment of employees, n a.
CONTRACTOR shall not engage in, nor pen-nit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
0
7. INDEPENDENT CONTRACTOR
CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents
and purposes CONTRACTOR shall be an independent contractor and not an agent or employee
of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all °
U
payment of Income Tax, Social Security, State Disability Insurance Compensation, c
Unemployment Compensation, and other payroll deductions for CONTRACTOR and its
officers, agents, and employees, and all business license, if any are required, in connection with =
the services to be performed hereunder. E
a
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a
CONTRACTOR warrants that it possesses or shall obtain, and maintain a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, in
permits, qualifications, insurance and approval of whatever nature that are legally required of o
CONTRACTOR to practice its business or profession.
as
9. NOTICES. c�
Any notices to be given pursuant to this Agreement shall be deposited with the United w
States Postal Service,postage prepaid and addressed as follows:
d
E
s
U
f0
w
w
a
Packet Pg.98
TO THE CITY: TO THE CONTRACTOR:
300 North"D"Street Hector Contreras
San Bernardino, CA 92418 12619 Yucaipa, CA 92399 y
Telephone: (909) 384-7272 Telephone: (951)-660-4481 E
M
L
14. ATTORNEYS' FEES a
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, _
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions y
hereof Attorneys' fees for the City Attorney and members of his office shall be calculated based
on the market rate for comparable services. a
U
11. ASSIGNMENT.
a
CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's d
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release M
CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be N
performed by CONTRACTOR hereunder for the tern of this Agreement. L
d
12. VENUE. o
U
The parties hereto agree that all actions or proceedings arising in connection with this o
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California, _
Riverside Division. The aforementioned choice of venue is intended by the parties to be E
mandatory and not permissive in nature.
a
N
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
L
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this >
Agreement and their respective heirs,representatives, successors, and assigns.
w
15. HEADINGS. w
The subject headings of the sections of this Agreement are included for the purposes of E
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
a
Packet Pg.99
i
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. E
L
17. REMEDIES; WAIVER. a
All remedies available to either party for one or more breaches by the other party are and c
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of fixture breaches, unless y
such waiver shall be in writing and signed by the party against whom enforcement is sought.
a
18. ENTIRE AGREEMENT; MODIFICATI®N.
This Agreement constitutes the entire agreement and the understanding between the a
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
M
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
d
0
U
Dated: , 2013 CONTRACTOR. o
a�
y
By: E
Its: a
N
d
V
L
Dated r , 2013 CITY OF SAN BERNARDINO c
By:
All arker, City Manager W
r
_
Approved as to Form:
James F. Penman, City Attorney
�o
r
w
Q
By:
Packet Pg. 100'
5.D.c
Exhibit A:
FY13-14 Content Producer Scope of Work: Long and Short Form
Content
Content Producer will work with identified IEMG staff, Klyde Layon
Content Producer will pitch content with identified IEMG staff and will only proceed once content is _
approved by IEMG. Once approved,Content Producer will follow the delivery schedule below: w
E
L
DELIVERY SCHEDULE: o
-Two 60 minute shows to be delivered monthly. 0-,
c
-Media delivery(DVD+media file*)or online download, if available. R
*Please check as to the latest file formats. d
U
U
RATES: a
U
-60 min studio based show to include the following($1000) s
0
-six(6)to eight(8)segments a
t:
-one (1)segment must be a completed package N
m
DELIVERY SCHEDULE:
-Five 30 minute shows to be delivered monthly, c
M
-Media delivery(DVD+media file*)or online download, if available. N
�a
L
*Please check as to the latest file formats.
0
U
RATES: L
0
-30 minute studio based show consisting of a minimum of 3 segments per show. ($400)
Checks will be made to the content producer identified below:
E
Work for Fire: Whether or not a show is taken through all the steps to completion, all media a
recorded and/or created as part of the production of the show is the result of a "work for hire"
o
agreement and is the sole property of IEMG and the City of San Bernardino.Any media in the
possession of the content producer-must be relinquished to IEMG within thirty days of the termination
of the production.
0
Content Producer shall perform tasks provided by this Scope of Work; but for all intents and
purposes Content Producer is an independent contractor and not an agent or employee of the City a
of San Bernardino.
w
Termination of the Project:At any point in the process, IEMG may"pull the plug on"or terminate a=i
the contract if it does not meet the standards or objectives of IEMG. Content Producer is entitled to E
t
payment of all monies invoiced up to that point.
R
a
Packet Pg.mi