HomeMy WebLinkAbout2001-010
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See Companion Resolutions 2001-11, CDc/2001-4
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RESOLUTION NO. 2001-10
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
TO JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION
SERVICES (SES) BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO,
AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement to jointly fund the consulting services
of Strategic Education Services (SES) by and between the City of San Bernardino. the Board of
Water Commissioners of the City of San Bernardino and the Community Development
Commission of the City of San Bernardino.
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2001-10
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO
JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION
SERVICES (SES) BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO,
AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the
8 th day of January, 200 I, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
~
ANDERSON
x
MCCAMMACK
x
~/;J~
Cit Clerk
The foregoing resolution is hereby approved thi
Jom day of January ,
2001.
L.LL-
J d' Valles, Mayor
i of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
~it~ ~orne. y
y. ~ 't- ~-
()
..
200[-10 / CDc/2001-4
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This agreemcnt is entered into this .JQm day of January ,2001, by and
bctween thc City of San Bernardino ("City"), and the Board of Water Commissioners of the
City of San Bcrnardino ("Water Department"), and the Community Development Commission
of the City of San Bcrnardino ("EDA").
RECITALS
This agrcement is made with reference to the following:
I. The parties have determined that it is advantageous to and in the best interest of the
Parties to engage a professional consultant for representation in Sacramento, CA., for the
purposes of working with City officials to develop a legislative agenda that promotes the goals
and objectives ofthe City of San Bernardino, the City of San Bernardino Water Department,
and the Economic Development Agency; monitoring and providing information regarding
legislation under consideration by the California Legislature, including tracking items
concerning the state budget; and representing the City before specified state agencies, boards
and commissions.
2. Pursuant to an informal understanding between the parties, the Mayor's Office has
retained the firm of Strategic Education Services.
3. The Parties desire to share in the costs of said Consultant.
NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS:
1. TERM OF CONTRACT. This Contract shall be for a period of one year,
commencing on the datc first above shown, and terminating one year thereafter, unless
otherwise extcnded by both Parties. This Contract may be terminated by any Party giving
thirty (30) days writtcn notice prior to the end of the term, to the other Parties.
2001-10 / cDc/2001-
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2. COMPENSATION AND METHOD OF PA YMENT. Mayor's Office has agreed to
pay CONSULTANT $42,000.00 for the term of the agreement, payable in twelve (12) monthly
installments of $3,500.00. In addition, the fee for services will cover all basic expenses
incurred in Sacramento by the CONSULTANT on behalf of the CITY. Upon written approval
of the Mayor or hislher designee, the City shall reimburse the CONSULTANT for such pre-
approved travel expenses incurred in attending meetings outside the Sacramento area. The
maximum amount to be paid by any Party shall not exceed fourteen thousand dollars, plus one-
third of all out-of-pocket cxpenses and costs as described in this paragraph. Strategic
Education Services shall be reimbursed for out-of-pocket expenses and costs incurred on San
Bernardino's behalf, up to a maximum of $1,000 annually. Strategic Education Services shall
bill San Bernardino monthly for such expenses. The City of San Bemardino shall be
responsible for payment of invoices upon receipt, and shall be reimbursed one-third from the
remaining Parties in arrears. No other expenditures made by CONTRACTOR shall be
reimbursed by CITY without the prior written approval of the Mayor or his/her designee.
When specific project assignments are given by the Mayor of the City of San
Bernardino, the City Administrator, the General Manager of the Water Department or the
Executive Director of the Redevelopment Agency, which go beyond the scope of the regular
services of the CONSULTANT, (a copy of the Professional Consulting Agreement setting forth
the regular services is attached hereto as Exhibit "A" and incorporated herein by this reference
as if set forth in its entirety) payment for out-of-pocket expenses and costs shall be wholly the
responsibility of the Party making said assignments.
3.
Notices given pursuant to this Agreement shall be in writing and deposited with
the United States Postal Service postage prepaid and addressed as follows:
To the City
City Administrator
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
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2001-l0 / [OC/2001-4
To thc Water Department
To the Community Development
Commission:
General Manager
City of San Bernardino
Municipal Water Department
P. O. Box 710
San Bernardino, CA 92402
Agency Administrator
Economic Development Agency
Citv of San Bernardino
20 j North E Street, 3rd Floor
San Bernardino, CA 92401
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
servIce.
IN WITNESS WHEREOF the Parties have executed this Agreement on thc day and
date first shown above.
ATTEST:
QcJ~h CLvJc-
City Clerk
By:
ATTEST:
By:
ATTF?l1~
By: .{ V
Ann Harris
Assistant Secretary
APPROVED AS TO FORM AND
LEGA CONTENT:
/.~,,"'-.
/ James F. Penman
".' /
J City Attorney
By:
By:
CITY OF SAN BERNARDINO
BOARD j WATER COMMISSIONERS
By: If --1~{!~'
Warren Cocke,
President
2001-11
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SERVICES AGREEMENT
This agreement is entered into this -C'i\\ day of January 2001, by and
between Strategic Education Services (SES), ("CONSULTANT") and the City of San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council havc determined that it is advantageous
and in the best interest of the City of San Bernardino to engage a professional consultant for
representation on State Legislative matters; and
WHEREAS, the CITY desires to retain the services of the CONSULTANT for the
purpose of providing legislative advocacy and governmental affairs in matters affecting cities
in California;
WHEREAS, CONSULTANT possesses the professional skills and ability to provide
legislative services for the CITY;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CONSULTANT shall provide the following professional
services:
a. San Bernardino hereby engages the services of CONSULTANT to advise,
counsel and represent San Bernardino with, principally, but not limited to its
affairs with the Legislative and Executive Branches of the State Government.
CONSUL T ANT agrees to promote and represent the best interests of San
Bernardino by acting as a liaison between the City and members of the Senate
and Asscmbly and other Statc agencies and State officials. In this capacity,
Exhibit "A"
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2001-11
CONSUL T ANT will be responsible for, but is not limited to providing San
Bernardino with a State legislative action agenda to be used as a basis for all
State funding requests; identifying and pursuing State funding programs for San
Bernardino programs.
b. Monitor and provide information regarding legislation under consideration by the
California Legislature, including tracking items concerning the state budget.
Co Testify before committees of the California State Senate and Assembly. Such
testimony will be given only upon prior written approval of the Mayor or hislher
designee.
d. Represent the CITY before specified state agencies, boards and commissions.
e. Provide twice-monthly legislative update reports on significant California
legislation and budget issues pertinent to CITY officials.
COMPENSATION AND EXPENSES.
a. F or the service delineated above, CITY shall pay the CONSULTANT
$42.000.00 for the term of the Agreement, payable in twelve (12) monthly
installments of $3.500.00. The fee for services will cover all basic expenses
incurred in Sacramento by the CONSULTANT on behalf of the CITY.
b. Upon prior written approval of the Mayor or hislher designee, the CITY shall
reimburse CONSULTANT for such pre-approved travel expenses incurred in
attending meetings outside the Sacramento area.
c. The CITY will be billed on a monthly basis for out-of-pocket expenses and costs
incurred by CONSULTANT in the course of providing services to CITY
pursuant to this Agreement, not to exceed $1,000 annually. No other
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expenditures made by CONTRACTOR shall be reimbursed by CITY without
the prior written approval of the Mayor or hislher designee.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year, commencing on the date
of execution. and terminating one year therealicr, unless previously modified, amended, or
cancelled by the written mutual consent of the parties.
This Agreement Illay be terminated at any time by thirty (30) days written notice by
either party. The terms of this contract shall remain in force unless mutually amended. The
duration of this C<intract may be extended with the written conscnt of both parties.
4. INUF:l\U,ITY.
CONSUl TANT shalJ indemnify. d",fencl and hold harm!",ss the CITY, its officers,
employees and a[!ents (1Il.:luJing, without limitation. reasOt'abk costs of defense and
reasonable attorn,~y' s ll,e) arising out of or r"'at~d to CITY' S perfonnance of this agreement,
except that such duty tCl indcmni fy, defend and hold hamllcss shall not apply where injury to
person or properly is caused by CITY'S willful mlscl.mduct or negligence. CITY shall
indemnify, del,::nd "lid h>Jld hatmlcss the CONSUL'fANT, its officers, employees and agents
(including, without limitation, rcasonable costs of defense and reasonable attorney's fees)
arising out of or related to CONSULTANT'S performance of this Agreement, except that such
duty to indemnify, defend and hold harmless shall not apply where injury to person or property
is caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement on behalf
of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph.
2001-11
5. INSURANCE,
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While not restricting or limiting the forgoing, during the term of this Agreement,
CONSUL T ANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance. in the amount of$LOOO,OOO.OO combined single limit, and
statutory worker' s compensation coverage, and shall file copies of said policies with the
CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
forth as an additional named insured in each policy of insurance provided hereunder. The
Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6.
NON-DISCRIMINA nON.
In the performance of this A.greement and in the hiring and recmitmcnt of employees,
CONSUL,'ANT shaH not discriminatc on the basis of race, creed, color, religion, sex, physical
handicap, ethnic b.lck~!rOlmd (,I' country of origin.
7.
NO EMPLOYMENT,
CONSULTANT shall perform work tasks pr,wided by this Agreement but for all intents
and purposes CONSULT ANT :;hall be an indc:pendent contractor and not an agent or employee
of the CITY.
Notices.
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Any notice to be given pursuant (0 this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Mayor's Office
300 North "D" Strcet
San Bernardino. CA 92418
Facsimile (909) 384-5067
2001-11
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TO THE CONSULTANT:
William Chavez, President
Strategic Education Services
1130 "K" Street, Suite 250
Sacramento, CA 95814
Facsimile (916) 441-4577
IN WITNESS THEREOF, the rarti~s hereto have executed this Agreement on the day
6 and date first abo\'e written.
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8 Date: Janu"ry ~_u 20(11
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nt
Date: January j 0 , 200 I
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,~ST: h 1
....J::\ ",dI.L_:__Ct-,,::~~______
RacHel Clark. City Clerk
c:"i-{~
/.111 lth Valles. Mayor
if .
By'
J'
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman. City Attorney
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