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HomeMy WebLinkAboutR25-Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGINAL FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Marketing and Pnblic Relations Consultant Agreement -- June Durr DATE: January 29, 2009 SvnoDsis of Previous Commission/Council/Committee Action(s): On January 8, 2009, the Redevelopment Committee Members Johnson, Baxter and Brinker recommended approval of a marketing and public relations consulting agreement with June DUTr. Recommended Motion!s): Community Develooment Commission Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Agreement with June DUTr, Marketing and Public Relations Consultant, and authorizing execution thereof, providing for professional marketing and public relations consultant services Contact Person(s): Project Area(s): Emil A. Marzullo Phone: (909) 663-1044 All All Ward(s): Supporting Data Attached: o Staff Report 0 Resolution(s) [;'I Agreement(s) OContract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS: Amount: $ 45.00 per hour Source: All Budget Authority: Fiscal Year 2008-2009 Budget Signature: ~ k (hI Emil A. Marzullo, Interim Execu ve Director Fiscal Review: 60-<.-~ "-'--fA.. ~j s.<.7f: Barbara Lindseth, Administrative Services Director Commission/Council Notes: ;fEiio-----;1~r;?;;fi0q::7--------------------------------- P:\Agendas\Comm Dev Commission\CDC 2009\02-02-09 June Durr - Professional Services Consultant Agreement SKdoc COMMISSION MEETING AGENDA Meeting Date: 02/02/2009 Agenda Item: jl :J.. 17 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ____________________ _____________________________ ______________________________ ________________________________ ______u___________________________ ___________________________________________________ MARKETING AND PUBLIC RELATIONS CONSULTANT AGREEMENT -JUNE DURR BACKGROUND: In June 2008, June Durr was temporarily retained under the Redevelopment Agency of the City of San Bernardino's ("Agency") purchase order authority by the Agency as a part-time marketing and public relations consultant to continue the Agency's established marketing and public relations efforts under the new Interim Executive Director, Emil A. Marzullo until a more established city-wide marketing program was established. Previous administration programs such as the Santa Fe Depot Patron Commemorative Brick Program were completed. During this time, many new business, trade and marketing brochures and collaterals for business development were updated to reflect the Agency's increased business, homeowner and community outreach for Agency programs and services. In addition, local businesses were featured on "Business Beat" on the City's Cable Channel 3 media which Mrs. Durr produced and hosted on behalf of the Agency. Through additional media relationships and expanded efforts, City and regional business resources and Agency services and programs were also publicized on radio, cable and other webcast features. The Agency's first web site sophisticated upgrade in over ten years was launched, as well as the mediation of many inaugural Agency niche marketing programs. Additional activities consists of addressing the other growing public relations and community outreach needs for new Agency projects such as EDA W' s downtown study, California Theatre and Sturges Center destination marketing, Garner Holt Productions expansion and Enterprise Zone publicity and support. CURRENT ISSUE: With many exclusive Agency marketing programs and projects currently in progress in various stages, and the current negative business economic climate, the need for additional services for marketing continuity arises for extending Mrs. Durr's marketing and public relations services with a formal professional marketing consulting services agreement. At this time, the Agency has determined that extending Mrs. Durr's current Agency marketing efforts will allow the finalization of current marketing projects under development and assist the Agency in determining long-term marketing goals and services, and establish multi-media marketing partnership opportunities exclusive to Agency leadership. June Durr, Marketing and Public Relations Consultant ("Consultant") has over 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. This includes serving as the City's first Marketing and Public Affairs Director for eight years under Mayor Judith Valles, and two 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 EDA 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. P:\Agendas\Comm Dev Commission\CDC 2009\02-02-09 June Durr - Professional Services Consultant Agreement SR.doc COMMISSION MEETING AGENDA Meeting Date: 02/02/2009 Agenda Item: Economic Development Agency Staff Report Marketing and Public Relations Consultant Agreement - June DUff Page 2 ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: Compensation shall be equal to $45 per hour with a maximum not to exceed the figure of $43,200 in any one fiscal year. Plus $6,800 in reimbursable expenses for a total amount of $50,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. P:\AgendasIComm Dev Commission\CDC 2009\02-02-09 June Durr - Professional Services Consultant Agreement SR,doc COMMISSION MEETING AGENDA Meeting Date: 02/02/2009 Agenda Item: 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 ExecutivesfRegional 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 & MerchandisinWLos 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 "The 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 "Out on a Limb." Her life-long motto is: "Don't follow where the path leads, instead find a new path & blaze new trails!" 1 2 3 4 5 6 7 RESOLUTION NO. 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 CONSULT ANT SERVICES WHEREAS, the Conununity Development Conunission of the City of San Bernardino 8 ("Conunission") desires to enter into a marketing and public relations consultant agreement 9 ("Agreement") with June DUIT, which will provide professional marketing and public relations 10 consulting services to the Redevelopment Agency of the City of San Bernardino ("Agency"). 11 12 13 14 15 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Conunission hereby approves and authorizes the Interim Executive Director of the Agency to execute an Agreement with June DUIT, Marketing and Public Relations 16 Consultant on behalf of the Agency together with such technical and conforming changes as may be 17 reconunended by the Interim Executive Director of the Agency and approved by the Agency 18 Counsel. 19 Section 2. 20 Commission. 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III This Resolution shall take effect from and after its date of adoption by this 1 P:\AgendasIResolutionsIResolutions\2009\OZ-02-09 Professional Services Agreement - Coosultant 1. Durr CDC Resodoc 1 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 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 6 Development Commission of the City of San Bernardino at a ,2009, by the following vote to wit: Navs Abstain Absent Secretary 18 The foregoing Resolution is hereby approved this day of 19 20 21 22 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 23 Approved as to Form: 24 y.15JJ} By: 25 26 27 28 I P.\Agrn"'\R""'oti~\R~"'"tioo"1009~2m'()9 Pwf~,i""'" Sovi,~ Ag'=rn'. c~w=~ """ CDC R= doc meeting ,2009. AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ("Agreement ") is made and entered into on this 17ili 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 [mished 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 P\AgendaslAgenda AltlIchmentslAgenda AttachmenulAgenda Attachmalts\Agrmts-Amend 2009\02-02-09 Professional Services Agreement - Consultant J_ Durrdoc 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, firm, corporation, or entity without prior v,Titten consent of the Agency's Interim Executive Director or designee. S. 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 PlAgendas\Agenda Atb.dunenls\Agenda Attachments\Agenda Anadunenu\Agrmts-Amend 2009\02-02-09 PrQfessiooal Services Agreement - Consult.allt J_ Durr.doc 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\Agenda Attachments\Agmda AttachmentslAgenda Attachments\Agrmts-Amend 2009\02..02-09 Professiooal Services Agreement - COllsultanl J. Durr,doc 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 Durr, 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 P:\Agendas\Agenda Attachments\Agenda Attachments\Agenda Attachmcnts\Agrmb-Amend 2009\O2~2-09 Prof~sional Service! Agreement _ Consultant J. OurT.doc 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: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: BY~ Agency oun I CONSULTANT Dated: By: June DUff, Marketing Consultant 5 P:\AgendulAgenda Attachmentsl.Agend4 AttachmentslAgc:nda AnachmentslAgrmts-Amend 2009\02...02-09 Professiooal Services Agreement. Cmsu1tant J Ourr.doc Exhibit" A" June Durr Scope of Services . Follow on existing Agency Marketing projects . Website completion and public relations launch . Gamer 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, services, 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 st 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\AgendaslAgmda Anachments\Agenda Attachments\Agenda Attadunents\Agrmts-Amend 2009\02.oHl9 Professional Services Agreoneot - Consultant J. OulT_doc Exhibit "8" 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 ExecutivesfRegional 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 & MerchandisingfLos Angeles "Marketing Communications/, Cum Laude; Marketing Certification - International Council of Shopping Centers (ICSC). 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 "The Adventures of Malia Mouse" story line, 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 "Out 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" 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. FILl No. 2$<fJO-OOS Entered Into Rec. at MCC/CDC Mtg: :;)7-./0 I by: ~ ~~,{~ Agend~ If;). 5" by: . .l ~~ City Clerk/CDC Secretory . City ot San Bernardino LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW. 6S0 EAST HOSPITALITY LANE, SUITE 600, SAN BERNARD/NO, CA 92408 PHONE: 909.317.113.0 I FAX: 909.387.1131 I WEBSIT!!: :www.lbbala....eolll GAIL r. MoN'rOOMUY DIUcT DIAL: 90UII.7\4\ E-MAIL:~.""", 1anuary 30, 2009 Chairman and Membas of the Community Dcve10pmeat Commission of the City of SanBcm.ardino . ,. Dear Chairman and Members: This finn has been lBked to render an opinion regarding the attached UllSiped independent cootraetor ..-ent with Ms.1une Durr as scheduled to be entered into with the Redevelopment Agency of'the City ofSan Bc::niJaTdlno (the "Agenc:y") as of'Mooday, February 2, 2009. We are aware of the lepl definition of employer-mnployee relalionships and the distinctions betwem the regular employees of'the Agency and Independent contraetors such as Ms. Durr under her proposed ~t with the Agency; . The Internal Revenue Service ("IRS") has published SUide1lnes to descn'be various situations that could be ohamcterized as either employer-employee or independent contnletor in the document entitled "IRS PublicationNo. 1 S-A, 2. Employee or Independent Contractor?" It is aoceptcd practice . that an employer must withhold fedei:'al income taxes, withhold and pay social security and Medicare taxes and pay unemployment taxes on the wages paid to an employee. An employer is notlenerally required to mske similar withholdillgs and payments with respect to independentcontractor:s. The Agency intends to provide Ms. Durrwith a Form .1099 at the end of each. calendar year for the dollar amount of the indcpaIdent contractor compensation peld to Ms. Durr cIurina each. calendar year. 'TIl.e common law rule provides three (3) factors that are oonsidered in any deten:nlnaUon as to wMthcrananpJoyer-employeere1atiooshlpexistsorwhetha-an~eoatnctor~t has been estabHfhed A boaa fide ID4qlendent _tractor etams is aenerally evidenced by the .follOwiIlg factors: (i) the 'incIepmdcot CODtnIotor' retaias the right to control anddiseretion IS to the - ofperfomumce of the contract for ..-rices in that the result of the wort and not the__ by Wbidl it is ~ is the primary l'aetorberpiaod for, (if) ""'~1 cootml, and (ii) the type of~ bdw_ the parties. TIl.e finsl dccermlnstioa. ofwhethcr an employcr-cmployee or independent _tractor l1TIIIiement exists is a fiIctuaI matter bssod upon neb factors as the text and intent esreem-t, if any, the woridiIg A1LAN'I'A I 0IIc:A00 I I'IlIlTL~\_f\ALI! I WAYIIfn I LAs'hGAs I LosAl<<llius I HlEwOllLv.IlS I HlEwYou: 0IWIall000lm' I I'Hol!Iax IlAaumno I lWl__ , lWlOllao I SANI'lANasco I YAWl. , TucION 4Hl.e11U/U./ .:...: ." ,"",.", ,-, -. '_r~ :... '. " :.;~ ,."(, ~ .,.-, .~~_ :...-;: ,;;,,- . ,. _ - ~:T,;.:"';; -....' ~ .;:,;- ,_.-.';;;_~ ,-:.,!_ . '_':;';:-:'~:'-~'~-'~':;'~O~':':'~':'>:-.;';;:':~~:':':,.'_;-":';<::;,z~;:_>~,_ /"'.'_'.-:,~:,~,~.~-.':.:':,~_:::.~.:::.""=_.,.,.".......""""""""",,,, ~ f -~ 1 I 1 i' "f . ~ ; .; , .i t 1: ;" ~. {",_ f..; i: , i j I..: l::i : . i I ! . I i ! J LI'!WIS BRISBOIS BISGAARl> &; SMrm UP I { i :i ; Chairman and Members of the CoDUlllltlity Development Commission of the City of San Bernardino January 30, 2009 Pap 2 conditiOllS and IICN""modatioas as provided by the employer, control over the time and place the work is performed, providiaa other Support services, reimbursements ofbuRIN'$S ~penses and other facton unique to eaoh situation. . . ~ j . I: 1 Ms. Durr has obtained a Business Registration License from the City of San Bernardino to conduct her business as a DIII1'Iteting consultant to the Agency and to other entities and orsanizatiOllS. The Apncy has not established any minimum or maximum hours for Mr. Durr to conduct her professional marketing services to the A,ency, the Agency will not llOntrol the manner or times of the day when Ms. Durr provides professional services, and the financiaI lll1'a1'lgement is based solely on lUl hourly fee for hours worked with li1ili1ed reimbursements that must be approved by IppI'Opriate Agency staft: Ms. Durr will be provided office space at f!le A,ency offices, if lUld to the ~tent such is available, but it is assumed that Ms. Durr will utilize her home or other commercial office space to conduct the primary scope of services for the Apncy. The fact that Ms. Durr retired ftoom the Agency as an employee in 2008, doesnotDecessarilyprecludeherrmidering ofprofessional services to the .Agency DOf does It prevent such arra.ngement ftoom being cbaraeterized as that of lUl . independent llODtractor. ; ; ,. ~, ". ,. ; , Based lIpon all the facts andrevicw of the attached WlSigned agreement as proposed with Ms. Durr, . we llODelude that Ms. Durr should be considered to be lUl independent coDtractor of the Agency lUld should not be considered as lUl Agency employee provided that the llODtract terms are performed in accordance with the proposed agreement. ]:. ;. -f"" '17 ~F~ Mootgomery oP LEWIS BRI8BOIS BISGAARD &; SM1TII UP t ., I... .. ., I. ., . r r i~~: ." OFM:cu ~.:, . !,y;.: -'-:.- . 4a4I..otn-nn.1 L r L I' !; AGREEMENT FOR PROFESSIONAL SERVICES This Agrcanent fOr Profcsaional Serviees (this "Agrcanent ") is l1IlIde and entcnd iBto on this I"'" day of December 2008, by and betweeo the Redovelopment Agmcy of the City of 8811 Bernardino, a public body, C01JlOl8te and politic (hcnimrl\cr ""'..4 to as the "Apacy") and June Dutr, MarlcetiBg Consult8l1t (hereinafter ref<<rcd to as the "Consutt8l1t"). WITNES8ETH WHEREAS, the CoDSult8l1t has over thirty-five (35) yean of experience in marlceting and public relations II1ld c:Jq>ertise in the pllbliclprivate sectors in the Los Angeles, Orange County and Inland Empire areas; and WHEREAS, the Agency and the Consu11ant desire to enter into this Agreement to utilize the CoosuIt8I1t's services fOr marlcding and'public relations servlees as dcsaibcd in Exb1'bit "A" (the "Scope of Services") attached hereto and incorporated herein by reference and the Consult8l1t accepts responslDilities as descn1>ed herein. NOW, 1HEREFORE, in consideration ofmutuat covenants herein set forth and the mll1llal benefits to be derived there fi'om, the parties asree to enter iBto this Agrcanent as follows: =( 1. TERMS. (a) This Aareement shaIl commllllce as of the day and year first above written II1ld 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 fimding within the Alency's annual budget; provided, however, that the term of this Agreemllllt shall not exceed a d1lllltion through and Including June 30, 2009, unless otherwise amended In writing by the parties. 2. (b) The Coosult8l1t shall pcrfonn wori:: as requested and as needed by the Ageooy and promptly provide the finished product to the Alency. CONSULTANT RESPONSIBlJ .lTIES. Upon the request of the Alency, tho CoosuItant shall pcrfonn each element as nocdcd of the work described In the Scope ofServiees, Exhibit "A." The Consu1tant a>mmiq the principsl pellK)nnel1istcd below to the Scope of Serviees fOr the d1IIlItion at this Agreement:. ~ r " ~. , i' Consultant: June Durr 3. AGENCY RESPONSIBII .lTllI's. The Consult8l1t shall provide all SIIpplies and materials necossay to accomplish the wori:: In the Scope of Services, Exhibit "A". The Agmcy shall provide, In a reasonable timely L ~ ; r ~J'~-Jwmnnt"plC:A.I.s-l\Iam\XPGmWiWJuneD.nT Alllr'lI'I\..4 ., ..J~FlKAI~..liIuW dt-L_DWlr.& J. ......d.1Jr I r.' '"I_fIHAVI_ i i ':::.;::';:_::;::c_;;';::;:::;',:_<:?;;;:;:~_;'::;;.:~.;:":,:;~~ ..~.:; ;':: :.x';".; :.;. ~:;.:::~.-"";" ::,:.:.;. ;., ;':';-i',.::r,;'::.;:_n.:~':: ::T, :;_~ ;;,,=,'>:. ,"7?"":'Yi":'.".>;-:<.;'.^.~" .;.;.',,'.'" .',,".'~T.:. :.~.:.".~.- -.. ,.';'.C, "'.' :__Y~^:." ,.' 'O';:,'J ,c.r _.__-_. .;',' ,.' ___,~.", ".~,._~__..,~~,"''''''''''''''I'';""..".<:,...;?..~~,......"...""""",._........,.........."} t.: . ,. . ~ j; , fashion, the Consultant with any documentation, records, reports, statisties or othc:c data or information pertinent to the Scope ofScnices, which _ reasonably available to the Agency, and n~sary to complete assigmncats. j i 5 4. CONFIDENTIAI.lTV OF REPORTS. :; The Consultant shall keep confidential aU rcports,lntOnmtion and datafllCCived, I'ftlPIRd or assernbIcd JIIIfS1iIllDl to pcrfbrmenec hcrcund<<. Such inf'om!atlon IlbaD mot be m..sc avaiIablc to uy pcrsoo, __ reI-. firm, CllIpOI'&tion, or entity without prior written eonscnt of the Agency's Interim Executive Director or designee. i. i -r S. COMPENSATION. The maximum compensation for the Cooaultant', scrviccs,lneluding Consultant's costs and expcnscs, compensation shall be cqusI to Forty-Five DolJars ($45) pcr bourwith a maximum not to exceed the fiaurc of S50,OOO in uy one fiIeaI year. Rcimb1lr8allalt for travel, includingtrave1 mileage at the CU1'I'eDt Inteme1 Revenue Service rate, and reimbursameo.ts for business luncheon meetings ,1W1 be ~vecl by the Interim Executive Director, in writing on a ~by-csse basis, and shall be submitted for reimbursement with the Consultsnt's monthly invoice as supported by documentation in accordance with the Agency's policies and procedures. Durlngthe term of this Agrecn1cm, the Agcncysbal1 pay the Consultant 00 a bi-monthly-. (IlVa)'two wccb) 1Iponrcceipt ofan itllm~ Invoice from the Consultant, normally within two (2) weeks of receipt of said invoice. Said compensation shall be oonsidered fu1l ud complete reimbursement for all of the Consultut's costs associated with the services provided hereunder. '/.. ( :r 6. USE OF FUNDS. The funds paid to the Consultsnt 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: MONITORING AND REPORTING WORK PERFORMANCE. , ; t-- The Cooaultant nall not discriminate because of race, color, national orl&ln. creed, relicion, sex, marital status or physica1llandialp. At the request of the Interim Executive Director, or designee, tbc Consultsnt shalt provide reports or other work produet& as ~ no later tlJan on asrccd upon dates of completion. F8ihrrc to provide such work products may prevent payment of the Consultant's nqucsts for compensation, and may jlIstify the temporary withholding as provided herein. The Agcncy __ tbc rfeht to waive such broach, without prqudice to any other of its rlJbts lMmmder, upon a findina by the Interim Executive Director or designee that such failure was due to extrlordilwy circum.ttsnecs and that such breIch has been timely cured without prejudice to the Af,ency. '. 'f. ~ si:: r Co\rY1nJME~ ~\~'-t.(~C.u.s"'. \1cmtJ\X,.c,mW~ Durr JdJ. 1 It 'rPawmsi M"~ flHAL.I.1I:)..ft ........Dun' ApcmaIttw' I Pd . ..4_ P1NA1..t._ U .. -- r ,. ! 8. CONFLICT OF INTEREST. ,. i 9. The Coosultant shall maintain a code or standard of conduel The Consultlmt shall noilher solicit nor aocept sramities, favors, or IlIytbing of moBdary value for work OC>lnplCltcd UDder the SClOpll of Serriees. To the ex_t permissible by state law.,- Mea aa4 rcp1atioas, the standards edopted by the ConnIt&nt shall provide for pcoa1ties, 1tIDCItloos. or other diseiplinaJy dOllS to be epplied for violations of such slmdards by the Consultlmt INDEPENDENT CONTRACTOR.. The Partics intend that the rcIatiODSbip betwem them crested UDder the ~t is that of an independent contractor only. The Consultant shall perform each c1llmClDt of the work set forth in the Scope of Servlocs as lUlindependlll1t contractor and shall not be considcnd an employee of the Agency. This ~t is by and between the Consultant and the~, and is not intended, and shall not be construed, to ereate the rcIatioMhip of ssmt. servant, employee, partnership, Joint Vlll1t11rc, or association, between the Apacy and the Consultant The Agency is intcrcstod only in1he rcsmts obtaiRod under the Aarccment; unless othlll'Wise indicated and under unusus1 ein:umstanoes, the IlUIIIIla' III1d Il1ClIlIS of }'<'Ifb.inin& the services 8Jll subject to the Consultant's sole COIltroL The Consultant shall have no right or authority to bind or commit the Ap1cy, unless specifically authorized m writin& by the Interim Executive Director in each specifio instanee. The Consultant shall not be llDtitled to any benefits, including. without limitation, wodccr's oompeIlSlItioo, disability iDsuranoc, vacation or sick pay. The Consultant shall be rcspoosible for providing at her CKpenso, lIlld In her name, disability, worker's compensation or other imunnce. 1 j ., i f ':. ,. . The Consultant assumcs full and sole l'llSpOnsibllity for, lIl1d shall therefore pay, any lIl1d all federallll1d statlllnoome taxes, Social Security, estimated taxes, Wll!l1l;p10)'ll1Cl'lt taxes, lIl1d any other taxcs inourrod as a result of the OOInpCI1S8tion set forth herein. The Consultant agrees further to provide the Agency with proof ofpaymlll1t upoIl reasonable demand. The Consultant holds the Agency lwmlcss from and against IIIlY and all claims, demands,losses. costs, fees, liabilities, taxcs, pcna1ties, damages or injuries suffcnd by the Aglll1cy (including, but not limited to, attorney fees lIl1d court costs, whether or not litigation is commcooed) arising out of the failure of the ConsuItIIIlt to comply with this provision. Furthc:c, this right of mdcmnlfioation shall apply to lIllY lIlld all claims, demlll1ds, losses, costs, fees, liabilities, taxes, pcnaItics, damages lIl1d injuries suffm:d by the Ap1cy as a result of the classification of the Consultant as imdependent oontmctor under this Aar-nml 10. RECORDS. The Consultant shaI1 keep fulllll1d lICCIIrllte I'llOOl'ds of all oonsulting work pafo..-i under this Agreemeot. All rccoros, OOD_t, 8lcetches, drawlnp, prints, computations, charts, raports and other documentation made in the co_ of the OOILI'ldting work l'Caftamed hereImdc:c, or m anticipation of the OOImlIting work to be paformed m l'IlpId to this Apement, shsIl at all times be and remain the sole property of the Ageacy IIIld the ConsuItIIIlt shall turn over to the Agency all copies of the Work Records withln sevm (7) calendar days after a writtm request by Agency. ~'E...r~l_nc~\':ftlmb\XPGmWill:UIlftl!! Dutr ~IbtPn~krricoI8F1NAL.....]O.t)gdoo"bIrr -~ lit.. I I' ..;....;...,__ ....AL-I"_ ".',;,--,-." '.'.N. .~~_.; J_':_~'_;;: ~;;,:_;;:;;~ ,{-X:;:;".:),i, ,,7;';;:.:;',',;,:., ?~-:':;':=-~ ,~-: :,: ~_~.~.-::-:,""""7~,~ c. __..' '.':; ;..~,.,. .~-~:r:::'_.' :'.' ,r,. }>._-,~-,'.~,' ,-'-_.-',-"''''''~:''_';''', c.'. ,_ _', ' ..,?_" ',~ _..., _ ~ ,_. r 11. BUSINESS LlCENSJ!:SIJ'IN. Consultant shal1 obtaiD . S_ Bernardino bl.-_ li_ and provide the ~cy with evidence that her liecDsc his ~ obtained on or before February 2. 2009. The Consultant agNG to keep said license C8I'Rnt and valid tbroqhout the term of this ~. The Consultant shal1 obtain. state and federal taxpayer identification Dumber and shall provide evidence to the },pcy that this number has been obtained. , f 12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS. The Consultant at MY time has the right to: <a} acecpt emplO)'lllent or other association with my person, redevelopment agency. city or company in the Uniled Slates of America or my Territory therco( orlhrough media reasOnably lICOaSible Dypct'lOl1S in the UnitedStatcs of America or my Territory thereof, or (b) in the United Slales of America or my Territory thCf'llO( or through media re&SO!lhbly accessible by Persons in the United States of America or my Territory thercot engage in activities, projects or servIces similar in nature or competitive with those of the Agency,limited onlyby the oonfidcntial information desonDed in Section 4. or (e)beoome employed by.lSSOeialc with or otherwise engage my tlI1tily myw'herc in the world. The Agency aeknowleclgcs that the provi3ioos of this Seetion12 arc reasonable in light of the legitimate business needs of the },pcy. 13. SJICY'Il'SSOR AND ASSIGNMENT. The services as contained herein arc 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. 14. INDEMNIFICATION. The Consullant agrees to Indemnify, defend and hold harmless the Agency and the City of San BCll'IllIrdino ("City"). its agents, oflicers and employees from and qainst all liability. expense, includini defense oosts and legal fees, and claims fur dan:1qcs of my nature whatsoova". ineluding. but IlOt limited to. bodily hyury, death, personal hyury or propa:ty ~ arising out of this Asreement from the Consultant's or the Consultant's emplo;yccs or agents negli&cncc. mws or omissions connected with the services patOrmed by or on behalf of the Consultant pul'lIUUt to this Agreement. The oosts,sa1ary. and expenses of the Agency's I. counsel in ~ this Agreement on behalf of the Agency shal1 be considered as .... fees" for the purpose of this Section The Con&ultant agNG to obtain a policy ofiDsuraace in the minimum amount oCSSOQ.OOO.OO (five lauDdn4thousmd dol1ers) to cover any and all Jud:1 elaims. The Consultant shall provide the Agency with evidenoe that 1he D<<:esSary tiabl:tity iDaurance has been obtslMd, and that the Agency bas been_ed as an additional insured on said policy by FebrulIry 2. 2009. 15. MODIFICATION. (. \." ~t. j ~~~~~CIM\XJ'rGm\fi"~Jww:flutTA'lliw...~-t~fINM-l~]O.09dt-NMDwrf..... ~- I i:: " :-'=_"'r::;7--:::._"7.:""',~--::;'';::7.-::';,O~'7~~F~7=777.='.-:'-.7,','J"",',-"-."C;-"-_:;'';_',~,',-'':v'_ ,_ _ _. __.,' .... ......""?,"";....,,~.~,~.:O,- .-- .:.:.~.':C:':..,.,.,.,.:T.?.n..-[..,'..,_':T.,'"-'..c.~:-.r;:".-.r....~,~; .-, n._> '.-'.'_- ";:.' ,__-.:.c,:"~.;.~.-;'c;.";7::'.~;c'.v;'7y~.~'.~.-7". __ N__~.~,_,.."u.",.~..,;" f' I h This Agreemrmt may be supplemented, amended, or modified oolyby the mutual agreemrmt of the parties. No supplCll1ent, amendment, or modification of this Agreement sball be binding unless it is ia writing and signed by both parties. ., i 16. CHOICE OF LAW. This Agreemmt, and any dispute arising from the relationship between the parties to this Agreement, shall bc governed by Califomia law, excluding any laws that direct the Ipp!ication of another jurisdiction's laws. 1. The partiesagrec to be bOund by applicable federal, state, and locsllaws, regulations and directives as they pertain to the perf'onnance of this Agreement. 18. SEVERABU.JTY. In the evmt that any provision herein contained is held to be iavalid, void or illegal by any court of oompetellt Jurisdiction, thc same shall be deemed severeble from the remaiD6er of this Agreement and shall ia no way affect, impair, or invalidate any other provision contaiaed herein. If any sud:1 provision shall be deemed iavalid due to its soope ofbRadth, such provision shall be deemed valid to the extrmt of the soope or breadth permitted by law. ~ i" t 11. COMPLIANCE WITH LAWS. e f 19. INTERPRETATION. No provision oftbis Agreement is to bc iaterpreted for or against either party because that party or that party's legal representativc drafted such provision, but this Agreement is to be construed lIS if it were drafted by both parties hereto. 20. CONTRACT EVALUATION AND REVIEW. '.- The ongoing lISSCllSInent and monitoring of this Agreement is the rcsponaibility of the Interim Executive Director or desisnee. -r 21. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreemmts, either oral or in wrilin& between fhe parties hereto with respect to the retention of the Consultant by the Agency and oontaina all the oovenants and ~ts between the parties with respect to such retention. .' :f ~: "{ 22. WAIVER. ~~E~l~lrJ)CAl..S-I\'f~\XPGmW~+JuncDw'f~i1rprof~~~flNAL-'I-ln..l19~Dun''' "k I p_t.,.u:..tJoJlt..... ..tdA...... ~ : : _',';.' --,",~,~_~'7..:_r'~._:.7._',r..~~.~,:;.,..~,:.,';';~,7.T-:.7 ;:_J7,~=~,.7:':;::: :7::'7;1,~"7;~",:::-:;~,;,"~:' 'c::' .':_ ''.': ,-:. :.7":.':>7:':'>7': .~.:','.": .... ,:-:~.~f.<~':'i~;::<~.~r'.~."::;,>:.~":".~,:,:,:.~:_;.~_~.~_~.:-:'~~.7":"'7;-::: :.:':.-":.' >',.'~ .,' .'.' ,.,. " .~~ ;("'-;::.7 .:.,~.:<;.::::.~.~~' <'-,..':".., _, _ .>. <.' -, .... . .', '~,<', ,_'.'''~~'''..''.,"i . " f: No waiver of a breacl1, failure of illY ClOIldition, or illY right or remedy contained in or snmted by the provisions of this AaRanent shall be effective unless it is in writing and siped by tho pmy waiving tho breacb, failure, riskt, or remedy. No waiver of any brcact1, failure, right, or remedy, abdl be dcc:med a waiver of any other breach, failure, risbt. or remedy, whcth<< or not similar, nor shall any waiver comstitute a continuina waiver unless tho writing so specifics. 23. ARBITRATION. ~ ' With the exception of matters in whioh equitable or injunctive relief is sought or reqllired, tho parties hereto shall submit all disputes relating to this AaRancnt. wheth<< soundins in contract, tort, or both, to bindimg arbitration, in accordance with California COOe of Civil Procedure Sections 1280 tbrouP 1294.2. Either party lIllIY enforce the award of the aIbitrator und<< SeoIion 1285 of the COOe of Civil Procedure. The parties understand that they are waiving their rishts to a jury trial. For mattcn in which equi1able orlJVunctive relief is sought or required, a court of competent jurisdiction shall be tho appropriate forum. " " 1 \: The party demanding mbitration sbaI1 submit a written claim to the oth<< party, setting out the basis of the claim and proposing tho name of l1li ntrator. The respondina party shall have ten (10) business days in which to respond to !his demand in a written answer. If this respomse is not timely made, or if the responding pmy I&fCCS with the person proposed as the mbitrator, than tho person named by the cIemandi:ng pmy shall_as the aIbitrator. If the responding pmy submits a wri1tcn _<< rejectiug the propoaed aIbitrator and the parties cannot oth<<wise acree on l1li mbitrator, on the request of either party the AmeriCIIII Arbitration Association shall select an mbitrator. Except fur discovery (as detailed below), the mechanics of the eMtration shall be established by the arbitrator. Umited discovery shall be available. No more then thirty (30) days bctbre the mbitration hearing, a party lIllIY serve a document request calling for any c:tocmnent that would be discoverable in civil litigation. The party served with this request shall dcl1vcr the requested documents and any objections within five (5) business days. The arbitrator may resolve any dispute over the exchange of documents. Thenlafter, each party may take no more than two (2) depositions, each ofwhlch .halllast no more than four (4) hours each. The arbitrator lIllIY resolve any dispute over the dqlositions as they would be resolved in civil litigation. , '(-:: The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the prevailing party. 24. NOTICE. Notices herein sbaI1 be presented in person or by certified or registered United States mail, as followa: ~,!. To the Consultant: 1_ Durr, Matketing Consultant Post omce Box 3463 San Benwdlno, California 92413 i~~~~W_DlIrr.....,....fet~ ' .s.Mcoo-fINAl.I-___~... I 1 ~: _;:--.:'::'~"';::::7,:::~::>:'=-:::';'_:':':-.:.~.7:;':)"J';'_V:Trl::~""'~-':;..:....,~_.~':::.->~,::.7.::-7.:,7.:,~.'-:,-.~:.:;~~~.::"~..,..,'7:r,:-:;::.'."."-":.7.: ",. ___,'_',7"'~;_77;~,~'_,-",,,,___, ,_. 7T7-,r-;c,..,'C';'-'.-;' .-..... .,"j....,;O:.- ".CJ,".__.- _v.-_,_-.-__-_~.-_-.+_'_._.____.._."'._.ri_-.7_'.'...._.,."'~=r..~rJ'~<'N' (909) 882-7431 To the Agency: Emil A. Marzullo, Interim Executive Director RedevelopmcDt AfPICY of the City ofSen Bernardino 201 North "B" Street, Suite 301 San Bernardino, Calif'omia 92401 (909) 663-1044 Nothing in this parajll"Bph shall be oonslI:Ued to prevent the giving of notiee by personal service. 25. ENTIRE AGREEMENT. This Agreement, with Exhibit "A," OOI1sUtutcI the final, eompIele and excl\lSive statemeat of the terms of the a~t between the parties pertaining to the cnppnent of the Consultant by the Agency and the entire undcntanding of the parties and supenedes all prior and contemporaneous undcrstaJidin&s or qreements of the parties. No party has been indlJced to enter into this Agreement by, llOl'is any party relying on, any representation or warranty outside those expressly set forth in this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agencyofthe City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Marmllo, Interim Executive Director Approved as to Form and Legal Content: By: AfPICY Counsel CONSULTANT ~:~t}:,~~~~a:ma\.YKtmWix'JuaeDwT~Iw"'~. ~SrnI~..~JHAL1.~"'. _DurrJ_ ...,..- I ;-:_:,.;.~.;." ;'~'-;':_::"';'~.":>::':';;:;~~-:',"~,?:,~'; ';':.'_~ ;_~<; /::~_:.-:, ~_:'.",,::'':'l''~'':-0'7::::,-:",.:~,r::"'7,~';-:' ;-:,!..:;.~,~.;:J:";:~.:'~..:~;:;~r:":'=''7.'"r~,.;~.<{.':_'''''- _"7"_-::7..;-:.7:"!:.'=;--;:'~=:_o_-;: -,_:~_~_: _, ~~:,-:_,_ ~:; .' ~ -"'-c-" T, '.=:~:T.'7":';';""~;;:~.::-:~-i: :,::-17~"'. " ,". _ . ,_ . . ro'. , ; r ~ ~ " ~. t , ~, ~:, .j r {." ";1;: { 1 :~ p ;, ~. , r.;; r:: .""U~.~'.". .. .---.----- t; ; ,. ~ Dated: By: 1une Durr, Marlcetin& Consultant .. ~, ~:; ,'\;: '{: I: j' ~-; ;~ ;., J:: ~'~-:Jl',...I\---':JDC.Al.s-I;7mm'XK~ Durr r.. ........faCAI;,J.~ - III!! ~tbrPmlHrl~~.fIMAI...l-]Q;.Q9doe4uacn.-............ I f Eddblt "A" j;' r June Durr Scope of Servkes . Follow on existing ~cy Madeeting projects . Wcbsite completion 8Ild public relations launch . Gamer Holt "YETI" Project party &; media launch · MarlcctinWadvertising outreach - EDA W Downtown Core Project . m Tourism Ouide reserved Ad - design and editorilli · Continued Advertisintl and promotionlpublicity of Agency programs, services, projects, venues to be determined for 2009 . Enterprise Zone Marlceting support . California TheatrelSturgesl Arts BIlppOrt · New niche madecting projects/services, including, but not limited to: · International trade relations and cultural marlceting support . 2009 III quarter - Power of24 Multi-media eoncc:pt project currently under finalization for Interim Executive Director lMIiuation, launch and interim Implementation; Coordination and lll8IIlIgCment of the Agency's marlceting componeBts for the Power of 24 publication on- Iinc'wcb, TV31lEMG and Radio partnership with EDA and San Bernardino County, The Business Press, K.TIE S90 AM Radio, Pirih Productions; (the ~cy'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 Hucll Howser's "California's Communities" in lISSOCiation with the California Redevelopment Association . . Other assigmnents as per the Agency's Interim Executive Director , f: . , ,. , .~ .; ;:: ~ .: , . F C;\DOCUMjE....l'"--w\lOC'.u,s....J\T__\XJlOmWie\!unr DwT A_--..... b' '''nt_Inns! ~ FlNAL...1 ~J0.09 dtJ04l1..5646-1$71.IU1- lI09U627.1 9 ~ .. t.: r~ i ! l' '....",:::_..O:,,...,''''',..''"T,..'.-_-''''''''"...."'"''"'..,,.,,,.-......,.~_-_..,<,.....~~,~.~,.~.~..~."..-.--...."~~~.__....',.....~_~~"_ ._________~._~____n~________n_m.._...