HomeMy WebLinkAbout1XCITY COUNCIL STAFF REPORT
DATE: January 14, 2021 CONSENT CALENDAR
SUBJECT: APPROVE A CONTRACT AMENDMENT WITH SCENE CREATIVE FOR
PROJECT MANAGEMENT AND CONSUL TING SERVICES
FROM:
BY:
David H. Ready, City Manager
Community & Economic Development
SUMMARY
This action approves a contract amendment with Scene Creative, as recommended by
the Public Arts Commission , for project management and consulting services in an
amount not to exceed $25,000, for a total contract amount of $45,000. The amendment
term is January through June 2021.
RECOMMENDATION:
1. Approve Amendment No. 1 to Agreement No. 8572 with Scene Creative in an
amount not to exceed $25,000, for a total contract amount of $45,000 for project
management and consulting services.
BACKGROUND:
To manage its CARES Mini-Grants and Neighborhood Grants programs, the Public Arts
Commission at its meeting of June 2, 2020, voted to approve an agreement with Scene
Creative for $20,000 for project management and consulting services. The Arts
Commission has subsequently extended its CARES and Neighborhood grant programs,
and at its meeting of December 16, 2020, approved extending the current agreement with
Scene Creative for additional project management through June 30, 2021, at an amount
not to exceed $25,000.
Under the terms of this agreement, Scene Creative is to create and manage the application
process for CARES mini-grants and neighborhood grants including management of an
artists' registry, overseeing creation of project ideas, matching businesses with artists, and
publicizing projects on social media.
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2City Council Staff Report January 14, 2021 -Page 2 Amendment to Agreement with Scene Creative BUSINESS PRINCIPAL DISCLOSURE: Scene Creative is a limited liability company wholly owned by Sarah Scheideman. A signed Public Integrity Disclosure is included as Attachment 2. FISCAL IMPACT: The Public Arts Commission is requesting the agreement be increased by $25,000, from $20,000 to $45,000. Sufficient funding is available in the Public Arts fund. SUBMITTED: Jay Vira , irector Communi & Economic Development Attachments: 1) Amendment No. 1 to Agreement with Scene Creative 2) Public Integrity Disclosure
3ATTACHMENT 1 Amendment No. 1 to Agreement with Scene Creative
4AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND SCENE CREATIVE, LLC This Amendment No. 1 to the Contract Services Agreement with Scene Creative, LLC, is made and entered into as of this __ day of January, 2021, by and between the City of Palm Springs ("City") and Scene Creative, a Limited Liability Company, ("Contractor"). City and Contractor are individually referred to as "Party" and collectively as "Parties." RECITALS A. City and Contractor previously entered into an Agreement (No. 8572) for Management and Consulting Services for the Palm Springs Public Art Commission Mini-Grant Program and Neighborhood Grant Program. Under this Agreement, compensation and reimbursement to Contractor was not to exceed twenty thousand dollars ($20,000). B. City and Contractor desire to amend the Agreement to allow for the continuation of services by Contractor through June 30, 2021, with compensation and reimbursement not to exceed an additional twenty-five thousand dollars ($25,000), with the total compensation and reimbursement payable to Contractor being forty-five thousand dollars ($45,000). NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. The true and correct recitals above are incorporated by this reference herein as the basis for and a material part of this First Amendment. 2. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: "3.1. Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this agreement in accordance with the schedule of fees set forth in Exhibit "Al". Contractor's total compensation under this agreement as amended, including reimbursement for services and expenses, shall not exceed forty-five thousand dollars ($45,000)". 3. Section 4.4 of the Agreement is hereby amended in its entirety to read as follows: "4.4. Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2020, and ending on June 30, 2021". 4. Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Page 1 of 4 Revised: May 2020 55575.18165\32972087. l
5parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 5. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 6. Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 7. Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 4 Revised: May 2020 55575.18165\32972087. l
6SIGNATURE PAGE FOR AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND SCENE CREATIVE, LLC IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Contract Services Agreement as of the day and year first above written. CITY OF PALM SPRINGS Approved By: David H. Ready, Esq., Ph.D. City Manager Date Attested By: Anthony Mejia City Clerk Approved as to Form: Jeffrey S. Ballinger City Attorney 55575.18165\32972087.l SCENE CREATIVE, LLC Signature Name Title Date Page 3 of 4 Revised: May 2020
7Scene Creative, LLC Scope of Services/Work EXHIBIT A1 This is an agreement with Sarah Scheideman of Scene Creative to provide Project Management and Consulting Services to the Public Arts Commission from January 1 -June 30, 2021. Projects may include the list below, which is subject to change. The scope of work to include support with planning, execution, organization, management, marketing, and reporting. Scope of Work 1. Create and manage application process for CARES Mini-Grants ($500-$2500) including artists' registry, application forms, and contact with artists and sponsors; match businesses with artists, oversee creation of project idea. 2. Review CARES grant artist's invoices and receipts for work and materials, to be forwarded to City for payment to artist once complete. 3. Submit detailed invoices for Scene Creative management activities monthly, including breakdown of all work performed. 4. Publicize projects on social media. 5. Create and manage Neighborhood Grant program, including artists' registry, application forms, and contact with artists and sponsors; oversee creation of project idea and manage projects. 6. Continue ongoing and upcoming website content projects. 7. Project manage special projects and community projects. 8. Submit monthly reports on projects completed. Payment 1. Contractor will be paid $50/hour for Consulting Artistic Services as billed each month, in an amount not to exceed $25,000. 2. Contractor will submit detailed invoices outlining all work completed.
8ATTACHMENT 2 Public Integrity Disclosure
1 .
2.
3.
4.
5.
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Name of Entity
scene Creative LLC
Address of Entity (Principle Place of Business)
39615 Kirkwood ct Rancho Mirage, ca 92270
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State
cal i fornia
If other than California, is the Entity also re gistered in California? n Yes n No
Type of Entity
D Corporation tJ Limited Liability Company D Partn ership D Trust D Other (please specify)
I
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If any response is not a natural person, please identify all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other entity
Sarah scheideman D Officer £1 Director D Member D Manager
[name]
O General Partner O Limited Partner
•Other
0 Officer O Director D Member D Manager
[name]
O General Partner O Limited Partner
•Other
O Officer O Director O Member O Manager
[name]
D General Partner O Limited Partner
•Other
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
(Revised 09 13 18)
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor) [percentage of beneficial Interest In entity
and name of entity)
A.
Sarah scheideman 100%, Scene creative, LLC
[name of owner/investor) [percentage of beneficial interest in entity
and name of entity)
B.
(name of owner/Investor} [percentage of beneficial interest in entity
and name of entity)
C. I
[name of owner/investor} (percentage of beneficial interest in entity
and name of entity)
0.
[name of owner/investor) (percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor) [percentage of beneficial interest in entity
and name of entity)
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disdosing Party, Printed Name, Title Date
(Revised 0913.18)
1/31/2019
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Page 2 of 2
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