HomeMy WebLinkAbout2001-379
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(See Companion Resolution 2001-380. CDC/2001-56)
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RESOLUTION NO. 2001-379
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH STRATEGIC EDUCATION SERVICES (SES) FOR
CONSULTING 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2001-379
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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 (SES) FOR
CONSULTING SERVICES.
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
17th day of December ,2001, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ -1L-
ANDERSON X
MCCAMMACK X
~h~ (!~
Citylerk
Approved as to
Form and legal content:
The foregoing resolution is hereby approved this
day of December
2001.
JAMES F. PENMAN,
City I),ttorney
By: ~ 7- f 6->tAd"'<-
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2001-379
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SERVICES AGREEMENT
This agreement is entered into this 17th day of December 2001, by and
between Strategic Education Services (SES), ("CONSULTANT") and the City of San
Bernardino ("CITY" or "San Bernardino"),
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 represent 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 of the Senate
and Assembly and other State agencies and State officials, In this capacity,
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2001-379
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, specifically including funding for a new downtown
courthouse complex; 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 ofthe California State Senate and Assembly. Such
testimony will be given only upon prior written approval of the Mayor.
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
$45,000.00 for first 12 months of the Agreement, payable in twelve (12)
monthly installments of $3,750.00. CITY shall pay the CONSULTANT
$48,000 in the second 12 months of the Agreement, payable in twelve (12)
monthly installments of $4,000. 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, 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
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pursuant to this Agreement, not to exceed $1,000 annually. No other
expenditures made by CONTRACTOR shall be reimbursed by CITY without
the prior written approval of the Mayor.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of two years, commencing on January
1, 2002, and terminating on December 31, 2003, unless previously modified, amended, or
cancelled by the written mutual consent of the parties.
This Agreement may 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 contract may be extended with the written consent of both parties.
4. INDEMNITY.
CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
employees and agents (including, without limitation, reasonable costs of defense and
reasonable attorney's fee) arising out of or related to CITY'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 CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
(including, without limitation, reasonable 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.
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5. INSURANCE.
While not restricting or limiting the forgoing, during the term ofthis Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of$I,OOO,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-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. NO EMPLOYMENT.
CONSULTANT shall perform work tasks provided by this Agreement but for all intents
and purposes CONSULTANT shall be an independent contractor and not an agent or employee
of the CITY.
8. Notices.
Any notice 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 Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5067
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2001-379
SERVICES AGREEMENT
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 parties hereto have executed this Agreement on the day
and date first above written.
Strate~ic ~c~}W~ervices
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William Chavez, Presiden
Date: December
,2001
By:
Date: December /1 ,2001
By:
Valles, Mayor
ATTEST:
~~Ad ~/
RacH Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
By: ~ J-.~
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