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HomeMy WebLinkAbout2001-380 (See Companion Resolution 2001-379, CDc/2001-56) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-380 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III 2001-380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 and Common Council of the City of San Bernardino at a it. regmeeting thereof, held on the ---.!.Z.!.hiayof December, 2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN x MCGINNIS X SCHNETZ X - SUAREZ X ANDERSON X - MCCAMMACK X r2,~.I~ C~c<-/c.~ ~rk / The foregoing resolution is hereby approved this 0117-/ day of December 2001. Approved as to Form and legal content: JAMES F. PENMAN, City ttorney By: .~ 2001-380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this 17 th day of December, 200 I, by and between the City of San Bernardino ("City"), and the Board of Water Commissioners of the City of San Bernardino ("Water Department"), and the Community Development Commission ofthe City of San Bernardino ("EDA"). RECITALS This agreement 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 of the 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: I. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on January 1,2002, and terminating on December 31, 2003, unless otherwise 1 2001-380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 extended by both Parties. This Contract may be terminated by any Party giving thirty (30) days written notice prior to the end of the term, to the other Parties. 2. COMPENSATION AND METHOD OF PAYMENT. Pursuant to the Services Agreement, CITY has agreed to pay CONSULTANT $45,000.00 for the first year of the agreement, payable in twelve (12) monthly installments of $3,750.00; and $48,000 for the second year of the agreement, payable in twelve (12) monthly installments of $4,000.00. In addition, the fee for services will cover all basic expenses incurred in Sacramento by the CONSULTANT on behalf of the CITY. Upon written approval of the Mayor and approval/ratification by the Council, the City shall reimburse the CONSULTANT for such pre- approved travel expenses incurred in attending meetings outside the Sacramento area. Strategic Education Services shall be reimbursed for out-of-pocket expenses and costs incurred on San Bernardino's behalf, up to a maximum of$I,OOO annually. Strategic Education Services shall bill San Bernardino monthly for such expenses. The City of San Bernardino 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 and approval/ratification by the Council. When specific project assignments are given by the Mayor of the City of San Bernardino, 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2001-380 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: III III III III III III III III III III III III III III III III III III To the City 3 Mayor's Office City of San Bernardino 300 North D. Street San Bernardino, CA 92418 't. 2001-380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES To the Water Department To the Community Development Commission: General Manager City of San Bernardino Municipal Water Department P. O. Box 710 San Bernardino, CA 92402 Executive Director Economic Development Agency City of San Bernardino 201 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 the day and date first shown above. ATTEST: By: ~-tC-twJc . Clerk ATTEST: BY:~~ Stacey Aldstadt Secretary ArrEST, ~ "---- By: fY! ~ Maggie heco Assistant Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: ~ j-. L.--. {I James F. Penman City Attorney 4 ARDINO By: By: AN BERNARDINO FWAT~NERS I __ _J