HomeMy WebLinkAbout2001-011
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See Companion Resolutions 2001-10, CDC/2001-4
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RESOLUTION NO. 2001-11
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH STRATEGIC EDUCATION SERVICES FOR STATE
REPRESENTATION SERVICES.
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 with Strategic Education Services
regarding State Representation Services, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as though fully set forth at length.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2001-11
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH STRATEGIC EDUCATION SERVICES FOR STATE REPRESENTATION
SERVICES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
6 and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the
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8th day of January
, 200 I, by the following vote, to wit:
9 Council Members:
AYES
NAYS
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ESTRADA
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LIEN
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MCGINNIS
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SCHNETZ
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SUAREZ
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ANDERSON
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ABSTAIN ABSENT
Ci.Jd. h CL~
CI Clerk
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2001.
The foregoing resolution is hereby approved this _'O'/I~ day of January,
Approved as to
Form and legal content:
JAMES F. PENMAN,
City 1jftorney
By: Jb-~ 7. ~
o
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Judi Valles, Mayor
of San Bernardino
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2001-11
SERVICES AGREEMENT
This agreement is entered into this 10-m 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 have 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 rcpresent San Bernardino with, principally, but not limited to its
affairs with the Legislative and Executive Branches of the State Government.
CONSULTANT agrees to promote and represent the best interests of San
Bernardino by acting as a liaison between the City and members ofthe Senate
and Assembly and other State agencies and State officials. In this capacity,
Exhibit "A"
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2001-11
CONSULTANT 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.
c. 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. For 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 wriU':n apprGval of the :Vlayor or hislher designee.
3. TERM; SEVERABILiTY.
The term of this Agreement shall be fllr a period of one year, commencing on the date
of execution, and termina:ing one yem then;aller, unless previously modified, amended, or
cancelled by the written mutual CO!lo>ent ct'th,c parties.
Tbis Agree!pent !'lay b,? tc,minated at any time by thi,ty (30) days written notice by
either party. The terms of this contract shall remain in force unless mutually amended. The
duration of this contract may be extended with the written consent of both parties.
4. INUE1\Ir,ITY.
CONSUf T:"\NT shall indemnify. defend imd lwld barmles:; the CITY, its officers,
en1ploy;;:;:;s aJ1.o ap.::nt'S (Jri\~]uding. vi;thout Ji:ll1t<:tJon, ['~;:jsor'lihle costs of d(,~fci1~:C and
reas(l}1abic attorn<:y' "ice) arising out of or rdat.,d to en Y' S jleri(llmanCe of this agreement,
except that such duty to indemnify. defend and hold harmless shall not apply where injury to
pcrwn ')1' properly is caused by CITY'S willful 1Jnsc')nduct or negligence. CITY shall
indemnify, del~nd aild hold h,i)'mkss lhe CONSULC(ANT, it" nflieer:;, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out 01'01' 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 tenn of this Agreement,
CONSUL TANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance. in the amount of $1.000,000.00 combined single limit. and
statutory worker's compensation coverage. ~nd shall file copies of said policies with the
CITY'S Risk Manager prior to ulloertaking 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 Cl IY shall require the insurer to notify CITY of any
change or termination in the poiicy.
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NON-DISCRIMINA nON.
In the pcrl()rmance "t"this Agreemcnt and i,1 the hiring and recruitment of employees,
CONSUl ,'''ANT s\IJli not lbcri'i1ina!c on the baSlS of race, cre(;d, COIOL religion. ~;ex, physical
handicap~ ethnic b,:lCk~!rIAH)(J (,i country of origin.
7. NO El\U'LOYlViENT.
CONSULTANT shall pe!j(mn work tasks provided by this Agreement but for all intents
and purposes CONSULTANT :;hall he an independent contractor and not an agent or employee
of the CITY.
Notices.
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Any notiec to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Mayor's Offiee
300 North "0" Street
San Bernlfdino, CA 92418
Facsimik (909) 384-5067
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TO THE CONSULTANT:
2001-11
William Chavez, President
Strategic Education Services
1130 "K" Street, Suite 250
Sacramento, CA 95814
Facsimile (916) 441-4577
IN WITNESS THEREOF, the par lies hereto have executed this Agreement on the day
6 and date first above written.
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8 Date: JanmlJ'YU:___ 200J
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Date: January ~__, 2001
,~:ST: h C~
. (4.~___ _n_______mm
~~fu;:j Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
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//
ernardino
By: ?~.
~Udlth Valles, Mayor