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Home My WebLink AboutC29211 Contract Amendment 2 Advertising for El Paseo Business Improvment DistrictCITY OF PALM DESERT STAFF REPORT REQUEST: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C29211 FOR FURNIO GREENE CREAVTIVE INC. OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $22,000 FOR EXPENDITURES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT FROM: Ruth Ann Moore, Economic Development Manager CONTRACTOR: Furino Greene Creative Inc. 74333 Highway 111, Suite 106 Palm Desert, CA 92260 DATE: June 9, 2011 CONTENTS: Contract C29211 Recommendation By Minute Motion: 1. Approve Amendment No. 2 to Contract No. C29211 for Furino Greene Creative Inc. in the amount of $22,000 for advertising expenditures for the El Paseo Business Improvement District; and 2. Appropriate an additional $22,000 to Fund 271-4491-464-3215, El Paseo Assessment District Other Advertising. Executive Summary Additional funds have been collected through the assessment process for the Business Improvement District, and were approved by the El Paseo Board of Directors for advertising during the spring events. Therefore, an amendment for $22,000 is required for Contract No. C29211, Furino Greene Creative, Inc. Funds are collected from the businesses through a special assessment fee and do not impact the General Fund. Background Each year, the El Paseo Business Improvement District conservatively estimates funding in order not to over spend in its accounts. At the mid -year, collections are reviewed and adjustments are made to allow for either an increase or decrease in account expenditures. Funds are then redistributed and additional funding, if available, is allocated while still leaving approximately a 10 percent contingency for a year-end balance. With additional funds collected, The El Paseo Board of Directors on February 17 and March 17, 2010, unanimously approved additional advertising expenditures during spring events. This Garda\Ruth Ann Moore\word data\STAFF REPORTSIcreative i group contract C29211 ammendment 6-9-11.doc Staff Report Approval of Amendment No. 2 Contract No. C29211 (Furino Greene Creative, Inc.) June 9, 2011 Page 2 requires Council ratification of the Board action through the above motion. Therefore, staff requests Council approve the recommendation. Fiscal Analysis Fees for this contract are collected through a special assessment of the businesses. This contract does not impact the General Fund. Submitted y: Puth AiMoore/,conomic Development Mgr Paul S. Gibson, Finance Director M. Wohlmuth, City Manager CITY COUNCILACTION APPROVED- ✓ RECEIVED__„ MEETING DATE AYES:0_n NOES: Woot ABSENT: ABSTAIN: -N u/1 VERIFIED BY: _... DENIED _OTHER f2nKTa Original on File with City Clerk's Office Department Head McCarthy, ACMidevelopment G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\creative i group contract C29211 ammendment 69-11.doc f' 1 . -1 AMENDMENT CONTRACT NO. C29211 This Agreement is entered into this 1 sc day of July 2010, by and between the City of Palm Desert, California ("City") and Furino/Greene Creative, Inc. (Formerly known as "Creative i Group, Inc."), for services and materials related to the advertising and promotions of the El Paseo Business Improvement District (EPBID"). RECITALS 1. The City and Furino/Greene Creative, Inc. entered into an Agreement on September 1, 2009, for services and materials related to the advertising and promotions of the EPBID; 2. Per that agreement, the City Council has the right to extend the agreement for one year up to a three year period; and 3. The EPBID Board of Directors has recommended the services to the City Council. THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City and Furino/Greene Creative, Inc., agrees as follows; A. TERM The term of this Contract Amendment shall commence on July 1, 2010, and end on June 30, 2011. B. COMPENSATION The City's budget for advertising and publicizing the EPBID's facilities, services and events is estimated yearly at the sum of Two Hundred Thousand Dollars ($200,000). The City's liability for advertising materials and services under this Contract Amendment shall not exceed the amount budgeted therefore. The City reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by the Contract Amendment to be undertaken and furnished by Furino/Greene Creative, Inc., the City or its designee, after conferring with Furino/Greene Creative, Inc., shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment (lump sum or periodic progress payments), the description and estimate of reimbursable expense, and W:1Apnda geme12010.06.241RDA%Fur1no Greens Cr"dve Inc%Furkw Orson Contract Amendment /0.11 Aoc .1, such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the City shall compensate and reimburse Furino/Greene Creative, Inc., as follows: (i) In addition to the flat fee of $3,500 per month to cover services, Furino/Greene Creative, Inc., will bill for production of services such as radio production, print production, website updates and revisions, monthly newsletter production at costs approved by the City or its designee, after review and approval by the EPBID Board of Directors. This feels inclusive of the total dollar figure of the contract as stated in Section 4 of the agreement. (Ii) The City retains the right to increase, decrease, or with thirty (30) days notice to suspend or cancel the service for any period at any time. (Ili) Should the contract be suspended or canceled or not renewed, all advertising materials, contracts taken on behalf of the EPBID, merchant newsletters, merchant contact lists and social media account information will be turned over to the City or its designee within thirty (30) days of the notice to cancel, suspend or non -renewal of the contract. The undersigned represents that they are authorized to execute this Contract Amendment on behalf of the parties hereto on whose behalf they purport to sign. This Contract Amendment shall be deemed executed on the date first above written. CITY OF PALM ES T FURINO/GREENE CREATIVE, INC. G C DY FINE , MAYOR STEPAANIE D. GREEN , CMD ATTEST: Approved as to Form: 1 DAVI J. ER IN, CITY ATTORNEY lh :II WY 1- W 010Z 2 WMyands Ilam91Y010-08.241RDA%Funno Groans CwUve IndFunno Green Conrad Alnenamenl 10-11 QOC a State of California County of before me, .fZLl1'Csc /YCrzz-- 12,64.0 hMo Inud Nunn and riva rn the owlew On,Tr Dare -,e nr., e ;,-,;,yr.. ,, ,. IF personally appeared krl'h412)c "0- Nama(a) or (.) C'�Mplt�Mo1F 1 tN1011 Volum A Pim No" AbM who proved to me on the basis of satisfactory evidence to be the person(Q whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/V" executed the same in hWftrMwW authorized capacity(iec), and that by his/her/their signature(t) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SlpuNva Of NOWy Pudb - OPTIONAL Though the information below la not requlred by law, it mar prove valuable to peraorte reWg on the document and coidd prevent fraudulent removal and reafadtment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signers) Number of Pages., Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact roP a inumb Here L7 Attorney in Fact Top a Thumb here Ci Trustee ❑ Trustee U Guardian or Conservator ❑ Guardian or Conservator U Other: ❑ Other: Signer Is Representing: Signer is Representing: u OMMNMWWNohryAnock0an•9MOaSub Ave.,P.C.Sa2402•ChatmM.CA91313-2a02•wwwNeYonaWoWYM9 usm15W RWrdsr:CoNT01 141004164W