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HomeMy WebLinkAboutC31981 Amnd 1 - FG Creative Inc r �,, �� CITY OF PALM DESERT STAFF REPORT REQUEST: APPROVE AMENDMENT#1 FOR CONTRACT NO. C31981 WITH FG CREATIVE, INC., PALM DESERT, CA IN THE AMOUNT OF $5,000 FOR EXPENDITURES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT FROM: Ruth Ann Moore, Economic Development Manager DATE: August 28, 2014 CONTENTS: Contract No. 38911 Professional Service Amendment#1 Recommendation: By Minute Motion: 1. Approve Amendment#1 to Contract No. 31981 for FG Creative, Inc. in the amount of$5,000. 2. Funds are available in Account No. 271-4491-464-32.15. Executive Summarv: Additional funding was collected through the assessment process for the Business Improvement District and expenditures were approved by the EI Paseo Board of Directors for advertising. An amendment to Contract No. 31981 for FG Creative, Inc. in the amount of$5,000 is required in order to pay for the additional advertising expenses. Discussion: Each year, the EI Paseo Business Improvement District (EPBID) conservatively underestimates funding in order not to over spend in its accounts. At the mid-year budget adjustment, revenue collections are reviewed and adjustments are made correcting the fund to allow for either an increase or decrease to the budget. Funds are then redistributed and additional funding, if available, is allocated while still leaving at least a 10% contingency for a year-end balance. Since additional funding was available, the EPBID Board of Directors voted at their May 2014 meeting to create a summer co-op campaign to promote shopping in the district to the local community during the summer season. Although funds are available, an action to amend the contract is also required in order that the funds may be spent. Therefore, staff requests Council approve the above recommendation. G:\rda\Ruth Ann Moore\word datalSTAFF REPORTS\FG Contrad 31981#1 Amendment.doc Staff Report Amendment #1 of Contract No. 31981 Page 2 August 28, 2014 Fiscal Analvsis: Funding for the EI Paseo Business Improvement District is collected from businesses within the district and does not impact the General Fund. Submitted By: Department Head: � th nn Moore rtin Alvarez Economic Deve opment Manager Director of Economic Development Reviewed: � Rudy costa Assistant City Manager Paul S. Gibson Director of Finance CTTY COUNCILAC,.TION APPROVED �� DENiFD RECEIVED OTHER p oved: � MEETING DAT -- �' -I'-I' AYES:�Yl� Y'�►a �5p i�l, � a �a nn,R.r NOES:-r�Q ..�_ A13SENT: o n Wohlmuth, ity Manager Ai3STAIN: o VF,RIFIED ��'� 1�� Y�1�h Original on File with City Clerk's Office G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\FG Contract 31981#1 Amendmenl.doc CONTRACT NO. C31981 AMENDMENT This agreement is entered into this 1 Sk day of July 2013, by and between the City of Palm Desert, California ("City") and FG Creative, Inc.,for senrices and materials related to the advertising and promotions of the EI Paseo Business Improvement District(EPBID"). R�CITALS 1. The City and FG Creative, inc. entered into an Agreement on July 1, 2012, 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 pramises, conditions, and agr.eements set forth herein, the City and FG Creative, Inc., agrees as follows: A. TERM The term of this Contract Amendment shall commence on July 1, 2013, and end on June 30, 2014. B. COMPENSATIDN The amount for advertising and publicizing the EPBID's facilities, services and events is a sum of Two Hundred Forty Two Thousand Five Hundred Dollars ($242,50Q). The City's liabili#y 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 FG Creative, Inc., the City or its designee, after conferring with FG 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 descriptian and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the City shal!compensate and reimburse Furino/Greene Creatiue, Inc., as follaws: 1 G.1rdalRulh Ann Moore\word datalEl PaseolFurino Graen Contract Amendment(1)13-i4.dac cor��rRrac�� tvc�, r,3�yst (i) In additron fio the flat fee af$3,750 per month to couer services, FG Creative, inc., will bill for production of services such as radio production, print production,website updafies and revisions, monthly newsietter p�aduction at costs approved by the City or its designee, after review and approuai by the EPBID Board of Directors. This iee is inclusive of the total dollar�figure o# the contract as stated in Section 4 of the agreement. (rij The City retains the right ta increase, decrease, or with thirty(30)days notice to suspend or cancel the service for any period at any time. (iii) Should the contract be suspended or cance(ed or not renewed, all advertising materials, contracts taken on behalf af the EPBID, merchant newsletters, merchant contact lists and social media account information wili be turned over to the City or its designee within thirty(3Q) days of the notice to cancei, suspend or non-renewal of the contract. The undersigned represents that they are authorized to execute this Contract Amendment on behaif of the parties hereto on whose behalf they purport to sign. This Contract Amendment shail be deemed executed an #he date first above written. CITY OF PALM DESERT FG CREATIVE, INC. ;___. � ( _ , � ' ` � � ��.��:.-,��.�� �, ----------._.� C. HAR�IIK, MAY�R ��EP ANIE D. GREENE, CMD ATTEST: r�, l""'"°'^.,. ..-.'.".a'+, 1 By. r R CH LLE D. KLAS N �"°� CITY CLERK Approved as to Form: _. _ � _ _ -� � -. ```,--� � DAV �": � CI �ATT R, EY _ -__.a � 2 GtrdaiRulh Ann Mooralword dalalEl PaseolFurino f,reen Contract Amendrttent(t)13-14.doc CALNFORNIA ALL-PURPOSE A�KN4WLEDGMENT {�S`.i'\,C�:t^+;'.{'�(';Cd)C`4n^�'•C'.r,?;'d�':(�.��;r:.t:.,�.�c`<':K`,C1i^w:.`£:f:Y:t,rfXJC�.R'ff%i`C'd:C'.C7C'�L�:;K^.l.:\,YA'iCX:�;h;+",�(''.f,':t"/.'^fi.C;s"X�,v,':!`{:�T�..,�f.'�;;.::�;�,Y^.4';C;t.a%S':`i'�,'.�''?CX'�('.\^.C�.'C�.iC}:'? � � � State of Califarnia �,�� �} �� � � County of J_____�_l1/E/-'�=�0�` �i � l �, � On � dc 1 � �?f/�befo e me - �a/,��e! �.'G�>'iZ9� rto�rH�y , � r � ���� /� � MnrA fnserl Namo and Till�nl tlio ONicor � ,. _ 'F personally appeared ____. /�� �i��r/.T�,L �j,���/�--. _.. __._.__._.._.....r�_.� � � �Nnmti{11y't1I Signerjsr) � � �� •'S � ' � � who proved to me on the basis of satisfactory � �� evidence to be the perso�) whose nair�s)� t�, � subscribed to the within instrument and acknowledged � t� to me that _1aef�lie/�laeq- executed the same in � � er/t,t�ir'authorized ca aci fi ,I '�h p ty,jies�, and that by � fi bia/f�er/t,beir"signatu� on the instrument the � � fi personJrs�;"'or the en#ity upon behalf of which the fi person�cted, executed the instrument. � � �N C.3 ! t�, � ��R�»� I certify under PENALTY OF PERJURY under the �' fi� ��� laws af the State of California that the foregoing � � � paragraph is true and correct. � � � �` WITNESS my hand and fficial seal. � fi � fi " � � fi Signature: -��� ?� � Place Nolary Seal Above ignafure of Notary PubNc r,y, fi� OPTIt)NAL " ' Though the information below is not required by law,it may prove valuable to persons relying on the document � � and coufd prevent fraudu(ent remova!and reattachment of this form to another document � � Description of Attached Document t� � � Title or Type of Document: �, � Document Date: Number of Pages: � ,� Signer(s)Other Than Named Above: � � Capacity(ies)Claimed by Signer{s) � fiSigner's Name: Signer's Name: ?' � � Corporate O�cer—Title(s): ;�Corporate Officer—Title{s): � � f 7 Individual • � ::- �_)Individua! - _:- � �` L"7 Partner—D Limited ❑General Top of thumb here ❑Partner—U Limited 'f.�General Top of thumb here � � ❑ Attorney in Fact ❑Attomey in Fact �, :` O Trustee ❑i'rustee n � ❑ Guardian or Conservator !�'Guardian or Conservator � 'y ;� �` ❑ OthEr: � ❑Other. � ? y ,� � �A t Signer Is Representing: Signer Is Representing: ,� < �' ��. , r, �� _ a � , ..�v . , �2009 National NWa Ass ation•NatlonalNota or� 7 8 0-US N07A,v ,� ;.R <� V:,µ� �, , •a ``�f� `::•.. .x..,,,� ... •.._�;.,..,. <,, <;<. ,t�,x.;,r �,` w.,<�.w,.r_.c„�.�-L,Y... �Y �Y• 9• ARY(t-800•876-6827} Item @5907 ����`��I ��� ��{ ��I �T Contract#/P.O.# C31981 018666 v; Change Ordettr No. � ����������� ���������'��������� Contingency: YES NO X Contract Purpose EI Paseo Business Improvement District Advertising Account No. 271-4491-464-3215 ConsultanYs Name FG Creative, (f1C. Project No. add�ess: 74-020 Allessandro, Suite E Vendor No. Palm Desert, CA 92260 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Additional Monies collected from district to be spent on summer campaign $5,000 TOTALS: - 5,000.00 NET CHANGE IN CONTRACT PRICE: 5,000.00 JUSTIFICATION: Additional monies were collected therefore an increase in the contract must be approved in order to spend the funds TOTAL BUDGET FOR PROJECT: + 250,000.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 242,000.00 Amount Approved by Council: + Less: This Change Order Amount: - 5,000.00 Less: Prior Amendment(s): - BALANCE OF BUDGET Less: This Amendment: - REMAINING FOR PROJECT: 3,000.00 Balance Remainin of Contin enc : - The amount of the Contract will be Increased by the Sum of: Five Thousand Dollars ($5,000.00). G:1rda\Ruth Ann Moore\word data\STAFF REPORTSWmendment-FG Creative C3198t.doc Continued on reverse ... Contract C31981 Amendment No. 1 Continued from front This Contract Amendment covers changes to the subject contract as described herein. The consultant shall perForm all work as necessary or required to complete the Contract Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 90 Days. Revised Contract Total $247,000 The undersigned Consultant approves the foregoing Contract Amendment # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Contract Amendment # 1. The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Contract Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Contract Amendment shall be effective when approved by the Owner. Execution of this Contract Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR VAN G. TANNER, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved C:\Users\rmccormickWppData\Local\Microsoft\Windows\Temporary Internet FileslContent.0utlook\BL4XVFY4Wmendment-FG Creative C31981.doc Continued on reverse ...