HomeMy WebLinkAboutR33-Economic Development Agency
1-
ECONQMIC DEVELOPMENT AGENCY ORlG1NAL
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel
Executive Director
SUBJECT:
GRAPffiC AND DESIGN
PROFESSIONAL SERVICES
WITH AMADOR ESTEVENE
DATE: April 20, 2005
SvnoDsis of Previous ComrnissionlCounciVComrnittee Action(s):
On April 19, 2005, Redevelopment Committee Members Estrada and Longville voted to recommend that the
Community Development Commission consider this action for approval.
Recommended Motion(s):
MOTION:
(Community DeveloDment Commission)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING THE AGREEMENT FOR PROFESSIONAL GRAPillC DESIGN
SERVICES WITH AMADOR ESTEVENE AND AUTHORIZING EXECUTION THEREOF BY THE
EXECUTIVE DIRECTOR
Contact Pe~on(s):
Project Area(s)
Gary Van OsdeVMaggie Pacheco
Phone:
(909) 663-1044
All
All
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
41,000
FUNDING REQUIREMENTS Amount: $ Per Year Source: EDA SalarylBenefit Savings
Budget Authority: 2005 EDA Budget
d
~lWQ ~ix;t;"
Barbara Lindseth
Administrative Services Director
SIGNATURE:
Gary V'Jl"Osde
ExeclUfve Director
-.:~miss~colncil Notes:
. l". d.~()~-It,
I
P:\Agendas\Comm Dev Commission\COC 2005\05-05-02 Graphic & Design Services SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2005
Agenda Item Number: D3
,.
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
GRAPHIC AND DESIGN
PROFESSIONAL SERVICES WITH AMADOR ESTEVENE
BACKGROUND:
On December 30, 2004, the Agency's Graphic and Design Coordinator, Amador Estevene,
retired after 36 years of service. Mr. Estevene provided services to the Agency and to the City in
the following areas:
1. Interpreting data from assessment maps, title reports, engineering surveys, capital
improvement plans and other resources necessary for updating and preparing drawings,
layouts, and maps.
2. Graphic and brochure preparation for presentation of Agency projects useful in
communicating plarming and design concepts on Agency and City activities and for
presentation at Commission/Council meetings.
3. Performance of inspection work and windshield surveys to obtain information on
conditions of developments or properties in existing or proposed redevelopment project
areas.
4. Preparation of charts, graphics, descriptive drawings, isometric views, rendering or
architectural landscaping and parking layouts; maintenance of current proposed and
existing building layouts of all redevelopment project areas; assisting in the review and
coordination of activities for the approval of plans for all developments in redevelopment
project areas.
5. Coordinating and conducting research on utilities, street improvements, assessors and
parcel maps as necessary to accomplish and complete development projects.
6. Drafting and art services of preliminary buildings, sites, parking and street layouts as
necessary to assist developers with preliminary designs; assisting in research, and
providing information regarding redevelopment project areas to developers or staff
engaged in site studies for developments.
7. Preparation and assistance in the design, content, concept, and production of the
Agency's Annual Report and any updates.
8. Coordination and assistance in the preparation of brochures, magazine and newspaper
advertisements, slide shows, and computer graphic presentations; prepare and assist with
City graphic services.
--------------------------------------------------------------------------------------
P:\Agendas\Comm Dcv Corrmission\COC 2005\05-05-02 Graphic & Design Services SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/0212005
Agenda Item Number: RJ j
,.
Economic Development Agency Staff Report
Graphic and Design Services
Page 2
CURRENT ISSUES:
The Agency and the City have need of Mr. Estevene's skills, experience, and vast knowledge of
the Agency and the City in order to continue to provide the services mentioned above. With the
retirement of Mr. Estevene, the Agency desires to retain his services on a part-time basis, in
accordance with Public Retirement System ("PERS") Rules and Regulations for retirees. Staff
recommends that the position of Graphic Design and Coordinator be deleted, but that Mr.
Estevene continues to provide services on a contract part-time basis under PERS guidelines at
the rate of $50 per hour, based upon comparable rates for employee salary and benefits.
Moreover, because of Mr. Estevene's unique qualifications, it is recommended that the Graphic
and Design Professional Services Agreement be excepted from the Agency's "Administrative
Procedure # 11 Procurement Policies and Procedures Purchase Order" dated March 8, 2002;
updated February 24, 2004 for services in excess of $25,000, pursuant to the sole source
exception. A certification is attached to the Agreement.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The estimated cost for the fiscal year 2005-06 will be approximately $41,000. However, with
the deletion of the position of Graphics and Design Coordinator, the Agency will have a net
savings of approximately $49,000.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
t~~OA D- ~j5{ 'It
Barbara Lindseth, Admin. Services Director
P:\Agenda5\Comn Dev Conunission\COC 2005\05-05-02 Graphic & Design Services SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/0212005
Agenda Item Number: m
C 1
2
3
4
5
6
7
8
9
10
11
12
13
14
015
16
17
18
19
20
21
22
028
RESOLUTION NO. t (Q) ~lf
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
WHEREAS, on December 30, 2004, Amador Estevene after 36 years of service retired
from the Economic Development Agency ("Agency"); and
WHEREAS, because of Mr. Estevene's vast knowl~dge of the Agency and of the City of
San Bernardino ("City"), and his graphic design expertise and skills during the 36 years he was
employed at the Agency, the Agency desires to retain Mr. Estevene ("Consultant") on a sole
source and a part-time basis to continue providing the Agency and the City with graphic design
services pursuant to the terms and conditions of the Agreement for Professional Services
("Agreement"); and
WHEREAS, with the retirement of Mr. Estevene, the Agency desires to retain his
services on a part-time basis, in accordance with Public Retirement System ("PERS") Rules and
Regulations for retirees. Staff recommends that the position of Graphic Design and Coordinator
be deleted, but that Mr. Estevene continues to provide services on a contract part-time basis
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 # II Procurement Policies and Procedures Purchase
26
27
Order" dated March 8, 2002; updated February 24, 2004 for services in excess of $25,000,
pursuant to the sole source exception; and
1
P:~...ions\JtCIoIut_\200S\05-05-020nfhic: I: DaipCOC Rao.doc
01
2
015
WHEREAS, the Commission now desires to enter into an Agreement with Consultant
for professional graphic services.
3
4
NOW, TIIEREFORE, 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
10
Bernardino, not to exceed 850 hours annually, as attached hereto.
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
14
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
16
any and all actions as may be deemed necessary or advisable to effectuate the purposes of the
17
18
Agreement, including making non-substantive modifications to the Agreement
19
Section 3.
The Resolution shall become effective immediately upon its adoption.
20 /1/
21 /1/
22
/1/
23
24 /1/
25 //1
26 //1
27
/1/
028 /1/
2
.:~ioaI\2005\O.s.o.s.020nphic:"DaipCDCIleao.doc
7
meeting thereof, held on the day of
8
9 Commission Members: Aves Navs
10 ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
14 KELLEY
015 JOHNSON
16 MC CAMMACK
17
'.
O2
08
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
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Community Development Commission of the City of San Bernardino at a
, 2005, by the following vote, to wit.
Abstain
Absent
18
Secretary
19
20 The foregoing Resolution is hereby approved this _day of
,2005.
21
22
23
Judith Valles, Chairperson
Community Development Commission
City of San Bernardino
24
25
Approved as to form and legal content:
26
27
By: 1.O~i/~
Agency C sel
3
p:\.& _ . '&....tIJl.ions\Resolut_\200r.o'-o~ <irIFIPc" Dcsip coc Rao,doe
c
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services is made and entered into on this _ day of
, 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:
o 1. TERMS.
o
(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:\Aaendu\Agendl Au.chmenll\AJmU-Amcnd 2005IOs.oS.()2 Graphic Ie Dcsip ~.dcK:
c
o
o
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
REPORTING
WORK
AND
The Consultant shall not discriminate because ofrace, 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:\Apndu\Apnda Anadnnents\ApnU-Amcnd 2OO~'-OS-02 UaphK a: Dcsian Ap'ccmcnl.Qoc
c
o
c
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:\AaefIdIs\AJenda AttlChments\.-'.pn....Amend 2005\0'.05-02 Onphie.t Desirn Apeement.doc:
c
o
o
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:\Aaendu\Aacnda AttKbmenb\AamU-Amend 2QOSI05..oS-02 Gnphic.t Deli... Aareemenc.doc
o
o
o
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first written above.
REDEVELOPMENT AGENCY
of the CITY OF SAN BERNARDINO
Executive Director
Approved as to form and
legal content:
CONSULTANT
~ I?
?/YA'~j y~~~
Amador Estevene
5
P:\Aaendu\AaeBdl A~Ammd 2005\05-05-02 Gnphic a: Daian AJrccInent.doc
c
EXHIBIT "A"
o
o
c
'0
.~
AMADOR ESTEVENE
9146 Tamarind Avenue
Fontana, CA 92335
(909) 823-1428
Cell: (909) 645-6046
GRAPmc 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 staffrequested documentslpowerpoint 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.
c
o
o
CERTIFICATION
I, Gary Van asdel, Executive Director of the Agency, hereby certify as required by the
"Administrative Procedure # II 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).
(,,\\J
UJ~
...
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
Redevelopment. Community Development. Housing. Business: R8ClU1tment. Retention, RevttalIzstJon. Main Street, Inc.
..
May 5, 2005
Amador Estevene
9146 Tamarind Avenue
Fontana, California 92335
RE: Agreement for Professional Graphic Design Services
Dear Mr. Estevene:
Enclosed for your records is the fully executed Agreement as referenced above'that was approved
by the Community Development Commission on May 2, 2005.
Thank you for your assistance in this matter. If you should have any questions, I can be reached at
(909) 663-1044.
Was a A. Chantha
Secretary
Enclosure
cc:
Barbara Lindseth (with Original Executed Agreement)
Eileen Gomez (with Original Executed Agreement)
Gary Van Osdel (with Copy of Executed Agreement)
Dbl'l,
~.\~~~~ ~~~JJ
,S.e,rJ\lQ/J- !JJ<>>,,'-t- ~(u.J r q::l.V''Q 's ~4-' I
'\ ~ ~ -t ~~ 'rt--+ ~-t -+l.- ~
2- OI"'~'^.J- ~~. 888-9413
lld,~J -,,,- \1.."" CN\r;;..v-J~ i-4a. ~
1).5.05