Agenda Item A.5
CPMS CONSENT CALENDAR
Meeting Date: June 20, 2023
TO: Mayor and Councilmembers
FROM: Kelly Hoover, Community Relations Manager/PIO
CONTACT: Jaime Shaw, Management Assistant
SUBJECT: Amendment No. 3 to Professional Service Agreement No. 2020 -020 with Paradigm Pictures for Video Production Services.
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 3 to Agreement No. 2020-020 with Paradigm Pictures for Video Production Services increasing the contract amount by $ 53,000 for a new total not -to-exceed amount of $ 137,500 subject to the approval of the Fiscal Year 2023-24 Budget, extending the term by two years, through June 30, 2025, and increasing the fee schedule.
BACKGROUND:
On February 14, 2020, the City Manager authorized an Agreement with Paradigm Pictures for Video Production Services in an amount not to exceed $29,500. On March 22, 2021, the City Manager authorized Amendment No. 1 to that agreement amending the contract amount by $12,000 with a total not to exceed amount of $41,500 and extending the term expiring June 30, 2022. On June 7, 2022, the City Manager, with Council approval, authorized Amendment No. 2 to that agreement amending the contract amount by $43,000 with a total not-to-exceed amount of $84,500 and extending the term to June 30, 2023. The original agreement and subsequent amendments are provided as attachments for reference.
DISCUSSION:
Paradigm Pictures has provided high-quality service to the City, producing over 75 videos (in English and Spanish) since February 2020 . Staff recommends the City Council authorize Amendment No. 3 to the agreement for video production services with Paradigm Pictures increasing the contract am ount by $53,000 for a new total not -to- exceed amount of $137,500, subject to the approval of the Fiscal Year 2023-24 Budget, extending the term by two years, through June 30, 2025, and increasing the fee schedule (Attachment 1).
1 Meeting Date: June 20, 2023
FISCAL IMPACTS:
The contract amendment is for an additional $ 53,000 for a total new not -to-exceed amount of $ 137,500 with an extended term through June 30, 202 5. In addition, the amendment includes an updated fee schedule. The $53,000 will be split over two fiscal years and is budgeted in the proposed FY 23/24 and FY 24/25 Budget in the Community Relations department.
ALTERNATIVES:
The Council could decline to amend this agreement and direct staff to seek an alternate provider. This would leave staff temporarily without a provider for these services in FY 23/24.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No.3 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
2. Amendment No.2 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
3. Amendment No.1 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
4. Paradigm Pictures Video Production Services Agreement No. 2020-020 2 ATTACHMENT 1
Amendment No.3 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
3 City of Goleta
Amendment No. 3 to Agreement No. 2020-020
AMENDMENT NO. 3
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
PARADIGM PICTURES
This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Paradigm Pictures (“Consultant”) dated February 14, 2020 (“Agreement,” Agreement No. 2020-020) is made on this _____ day of ___, 20______.
SECTION A. RECITALS
1. This Agreement is for professional services for video production services; and
2. This Agreement has been amended to increase the compensation and extend the term date (Amendment No. 1 and 2); and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $84,500; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $53,000 for continued services ; and
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2025; and
7. The Agreement currently provides in Exhibit B entitled “Schedule of Fees” the hourly rates; and
8. The parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and
9. The City Council approved this Amendment No. 3, on this _____ day of ____, 20_____.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
DocuSign Envelope ID: 46D6A2EF-882A-4620-B74A-6EA557925A10 4 City of Goleta
Amendment No. 3 to Agreement No. 2020-020
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $53,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $137,500 (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONS ULTANT until June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional three years to read in its entirety.
The term of this Agr eement is from the date first written above to June 30, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B “ Schedule of Fees ” with Exhibit B-1 “Schedule of Fees ” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
DocuSign Envelope ID: 46D6A2EF-882A-4620-B74A-6EA557925A10 5 City of Goleta
Amendment No. 3 to Agreement No. 2020-020
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Paul Westmacott, Owner/Producer
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 46D6A2EF-882A-4620-B74A-6EA557925A10 6 ATTACHMENT 2
Amendment No.2 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
7 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐NO
☐YES
Meeting Date:
Requires Vendor Set -up:
☐NO
☐YES
If no, Vendor Number:
Director Level Approval:
☐NO
☐YES
Site Authority:
Provide summary of agreement below:
Document Name and Type: Project Name :
Vendor Name:
Contact Person:
Address:
Phone Number:
Email Address:
Business License Number:
City Project Manager:
Contact Number:
Email Address:
AMOUNT NOT TO EXCEED : ON CALL SERVICES? : ☐NO ☐YES*
*On call s ervices require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED : ☐NO ☐YES*
*May requ ire Purchasing Officer ’s override to input Requis ition
ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review/Approve as form
Finance Director,
Purchasing Officer
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
Requisition Number:
Staff (DocuSign User) Staff routes agreement to vendor via DocuSign for electronic signature and requests Insurance documents.
Risk Manager Risk Management shall r ate Insurance.
City Manager City Manager will approve and sign the agreement.
City Clerk City Clerk will approve and sign the agreement.
FINALIZED ON: INITIAL RESOLUTION NO
(IF APPLICABLE)
Staff Routing Agreement:
Contact Number:
Email Address:
Vendor Staff will route a fully exec uted copy of the agreement to the vendor.
BELOW FOR CITY CLERK PROCESSING ONLY
FILE NUMBER
June 7, 2022
003177
City Manager
Videographer services
Professional Services Amendment between City of Goleta and Paradigm Pictures N/A
Paul Westmacott DBA: Paradigm Pictures
$84,500
Paul Westmacott
1173 Camino Andaluz, Santa Barbara, 93111
805-636-9026
[email protected]
2020-0022
Kelly Hoover
(805) 961-7507
[email protected]
Jaime Shaw
(805) 961-7508
[email protected]
On-call services (Professional Services)
DocuSign Envelope ID: FACDFA61-1315-4CF3-9787-DF3CD1AD4230 6/14/2022
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DocuSign Envelope ID: FACDFA61-1315-4CF3-9787-DF3CD1AD4230 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
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INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
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FAX
E-MAIL
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(A/C, No, Ext):
PHONE
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
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SUBR
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CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
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CERTIFICATE HOLDER
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THE CITY OF GOLETA IS ADDED AS ADDITIONALY INSURED
A 30 DAY WRITTEN NOTICE SHALL BE GIVEN OTHER THAN FOR NON PAYMENT OF PREMIUM WHICH IS 10 DAYS 130 Cremona Drive., Ste B
Goleta, Ca 93117
THE CITY OF GOLETA
DocuSign Envelope ID: FACDFA61-1315-4CF3-9787-DF3CD1AD4230 11 ATTACHMENT 3
Amendment No.1 to the Professional Services Agreement No. 2020-020 with Paradigm Pictures Video Production Services
12 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐NO
☐YES
Meeting Date:
Requires Vendor Set -up:
☐NO
☐YES
If no, Vendor Number:
Director Level Approval:
☐NO
☐YES
Site Authority:
Provide summary of agreement below:
Document Name and Type: Project Name :
Vendor Name:
Contact Person:
Address:
Phone Number:
Email Address:
Business License Number:
City Project Manager:
Contact Number:
Email Address:
AMOUNT NOT TO EXCEED : ON CALL SERVICES? : ☐NO ☐YES*
*On call s ervices require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED : ☐NO ☐YES*
*May requ ire Purchasing Officer ’s override to input Requis ition
ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review/A pprove as form
Finance Director,
Purchasing Officer
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
Requisition Number:
Vendor Staff sends agreement to vendor via DocuSign for electronic signature and requests Insurance documents.
Staff (DocuSign User) Staff receives electronically signed agreement and insurance documents from vendor.
Risk Manager Risk Management shall rate Insurance and provide documents to Project Manager upon approval
City Manager City Manager will approve and sign the agreement.
City Clerk City Clerk will approve and sign the agreement.
FINALIZED ON: INITIAL RESOLUTION NO
(IF APPLICABLE)
Staff Routing Agreement:
Contact Number:
Email Address:
Vendor Staff will assign the vendor to receive a fully executed copy of the agreement via DocuSign.
PLEASE RETURN SIGNED DOCUMENTS TO THE CITY CLERK’S OFFICE
BELOW FOR CITY CLERK PROCESSING ONLY
FILE NUMBER
003177
City Manager
Video Production Services
Professional Services Amendment
Paradigm Pictures
$41,500.00
Paul Westcott
3525 San Jose Ln. Santa Barbara, CA 93105
805-636-9026
[email protected]
2020-0022
Kelly Hoover
805.961.7507
[email protected]
Sandra Rodriguez
805-961-7576
[email protected]
N/A but budgeted for in FY21/22 Budget
DocuSign Envelope ID: AC466182-9F0F-4F29-86DA-660982AF28CC 3/8/2021
3/10/2021
3/10/2021
3/11/2021
3/12/2021
3/12/2021
3/15/2021
3/15/2021
3/22/2021
City of Goleta
Amendment No. 1 to Agreement No. 2020-020
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
PARADIGM PICTURES
This Amendment No. 1 to the Professional Services Agreement by and between the CITY OF GOLETA , a municipal corporation (“City”) and PARADIGM PICTURES (“Consultant”) dated February 14, 2020 (“Agreement,” Agreement No. 2020-020) is made on this _____ day of March, 2021.
RECITALS
WHEREAS, this Agreement is for professional services for video production services; and
WHEREAS, the Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed twenty-nine thousand five hundred ($29,500); and
WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $12,000.00 for continued tasks; and WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and
WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2022 and
WHEREAS, the City Manager approved this Amendment No.1 on this _____ day of March, 2021.
AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $12,000.00 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $41,500.00 (herein "not-to-exceed amount") and shall be earned as the work progresses.
DocuSign Envelope ID: AC466182-9F0F-4F29-86DA-660982AF28CC 22 22
14 City of Goleta
Amendment No. 1 to Agreement No. 2020-020
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional 1 year to read in its entirety.
The term of this Agreement is from the date first written a bove to June 30, 2022, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Paul Westcott, Owner/Producer
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: AC466182-9F0F-4F29-86DA-660982AF28CC 15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
03/15/2021
J
ohn McLaren Ins Inc
PO BOX 7049
HUNTINGTON BEACH CA 92615-7049
DORIS SUTTON
(714)-968-4100 (714)-968-8304
john@ mclarenandassociates.com
PAUL WESTMACOTT
1173 Camino Andaluz
Santa Barbara CA 93111-1001
HISCOX Insurance Company Inc 10500
A X UDC-4374980-BOP-21 01/13/2021 01/13/2022
1,000,000
100,000
5,000
S/T Ech. Agg.
2,000,000
S/T Gen. Agg.
A
✖ ✖
UDC-4374980-BOP-21 01/13/2021 01/13/2022
A
P
rofessional Liability
UDC-4374980-EO-21 01/13/2021 01/13/2022
Each 1,000,000
Aggregate 2,000,000
THE CITY OF GOLETA IS ADDED AS ADDITIONALY INSURED
A 30 DAY WRITTEN NOTICE SHALL BE GIVEN OTHER THAN FOR NON PAYMENT OF PREMIUM WHICH IS 10 DAYS 130 Cremona Drive., Ste B
Goleta, Ca 93117
THE CITY OF GOLETA
APPROVED
3/15/21
DocuSign Envelope ID: AC466182-9F0F-4F29-86DA-660982AF28CC 16 ATTACHMENT 4
Paradigm Pictures Video Production Services Agreement No. 2020-020
17 18
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27 28
29 30