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RESOLUTION NO. 1999-313
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.
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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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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1999-313
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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.
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 reQu1ar meeting thereof, held on the
6th day of December , 1999, by the following vote, to wit:
Council Members: AYES
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
-
ANDERSON x
MILLER --X--
NAYS
ABSTAIN ABSENT
Jand/l{)./ !Y)(Y/mtlJ,,~-t
City Clerk 0
The foregoing resolution is hereby approved this
,~/~ day of December
1999.
6?~
24
Jud h Valles, Mayor
Cit of San Bernardino
Approved as to
25 Form and legal content:
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26 JAMES F. PENMAN,
27 City ~ttorney
By: JJpn.. 71.;L-...
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Attachment A
1999-313
SERVICES AGREEMENT
THIS AGREEMENT is entered into this 6th day of December 1999, 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 will 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 liaison between the City and members of Senate and
Assembly and other State agencies and State officials. In this capacity,
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1999-313
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.
2. COMPENSATION AND EXPENSES.
a. For the service delineated above, CITY shall pay the CONSULTANT $36,000 for the
term of the Agreement, payable in twelve (12) monthly installments of $3,000. 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 or hislher designee, the CITY shall
reimburse the 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
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1999-313
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Agreement up to $1,000 annually. No other expenditures made by CONTRACTOR shall be
reimbursed by CITY without the prior written approval of the Mayor or his/her designee.
3. TERM; SEVERABILITY.
The term of this Agreement shall commence January I, 2000, and shall continue
through December 31, 2000. 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.
CONSUL T ANT shall indemnify, defend and hold harmless the CITY, its officers,
employees and agents (including, without limitation, reasonable costs of defense and
reasonable attorneys' fees) 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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1999-313
5.
INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONTRACTOR 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, 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.
CONTRACTOR shall perform work tasks provided by this Agreement but for all
intents and purposes CONTRACTOR 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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1999-313
1 Strategic Education Services Agreement
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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
8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and date first above written.
Date: December j V , 1999
By:
William Chave ,
Date: December 8", 1999
ATTEST:
K MJwl (!f!tub
Rachel Clark, City Clerk ~~
.xJW1d.'r./J.J Y'YI1CUrJOJ;
APPROVED AS TO FORM A
LEGAL CONTENT:
James F. Penman, City Attorney
T9f~
1~/Oli99 WED 12: 56 FAX 916 JH 4577
STRATEGIC ED SRI'S
1999-313
I4J 002
SES
BilL A. CHAVEl.
DUE f. 5H1MASAKI
For nearly two decades. STRATEGIC EDUCATION SERVICES (SES) has set the standard for
effective legislative advocacy and analysis in state government.
Recognized as one of the most influential lobbying firms in California, SES brings over 50
years of cumulative experience working with state and local government on education
issues for its clients. The firm's team of advocates and legislative analysts provide
services ranging frcm complex fiscal analysis of the annual budget to legislative advocacy
and strategic planning.
Legislative term limits and the rapid change in the demographics of elected officials require
a new approach to advocacy. SES has a working understanding of complex policy issues,
state and local electoral politiCS, and most importantly, an abilitY to work with newly
elected members of the legislature and statewide constitutional officeholders.
SES .s uniquely positioned to provide effective advocacy services.
Services and Qualifications:
SES specializes in:
. Local government
. K-12 end community college finance and educational policy
. Public application of new technologies
. Governmental and community relations
The scope of SES' qualifications inelude the following:
. An in-depth understanding of the legislative process. rules governing the passage of
legislation, Md the implementation of new statutes.
. AbilitY to analyze legislation and the state budget.
. Skilled in preparation and delivery of testimony before the Legislature and state policy
boards.
. ExtenSive knowledge of how the Legislature interacts with state agencies with regard
to policy formulation, development and enactment of legislation. and program
implementation.
. Solid professionai relationships with an ever changing Legislature ,md the new Davis
Administrat,on .
. Excel!ent relationships with professional, statewide and tocal associations.
. Abiilty to perform fiscal analysis of new and existing programs inciuding funding
formulas. funding allocations, funding sources and costs.
. Expertise in iocal school and community college district budgets and the use of
categorocal resources.
1130 l( ,~TREET StITTE250' SACR..o\MENTO. CA 9;'1814. TEl..: 916,441 .3909. fAX: 916.441.45'i'7
E-MAIL: scncn.lmIlH@lltr~t~;l1dv{)cltes.C0111
1.2/0~d!8 \1IED 12:.51~ FAX 916 .141. 4577
STRATEGIC ED SRVS
'11 003
1999-313
. Institutional and historical knowledge of state government activity as it relates to
education and children's issues.
. A work,ng und@rstanding ()f electoral c~,mpaign techniques. campaign finance and the
state Fair Political Practices Act.
Professional Associates:
The associates of SES have over 80 years of public policy experience in state al,a local
government. rhese are a few highlights describing the professional accomplishments of
SES' associates.
Bill Chavez, President
. Former Chief of Staff and Education Advis<:r to Senate Maj0nly leader R,chard Polanco
. Former Staff Director, California Senate Majority Caucus
. Served as Administrator of Governm..ntai Affairs, LC$ Angeles County Office of
Education
. Former Member, California Student Aid Commission
. Served seven years as a consu!ta"t to Assembly policy committees
Dale Shimasaki, Chief Executive Offille.
. S..'ved as Policy Ad'/Isor to Assembly Speaker Wi:tie L Brown, Jr.
. Do~torate in EducatiM Finance, Un."ersity of California Berkeley
. Sel'/ed a. Director of Researcl1. Pianning and Government Relations, City College of
San Francisco
. Former Executive Director, The Givil Liberties Public Education Fund
. Si!lrvtd on staff at the Office of Legislative Analyst and Assembly Bu,jget Committee
lZ/01./~Hl WED 12, ~t3 FAX 916 441 4577
STRATEGIC ED SRVS
IiIJ OOt
SES
1999-313
BILL A. Cl1^VEl
DAU? F SHIMASAKl
8iil Chavez Joined SES after more than 20 years of progressiv!1ly more responsible positions
in policy, finance and administralion with tne California Legislature and local agencies.
In the California Legislature Bill Chave~ served as Chief of Staff to Senate Majority Leader
Rich"rd Polanco, Staff Director of the Senate Democratic Caucus. He worked as a program
analyst with the Legislative Analyst's Office snd served as a consultant for a number of
a~sembly policy committees,
From 1930 to 1995 Chavez served as Administrator of Governmental Relations for the Los
Angeles County Office of Education (LACOEl. a county office which serves 1.'7 million K.12
students or mon, than 27% of all students in the State of California. LACOE manages
payro!! arid accounting for 132 district and jOint power agencies. LACOE performs the
treasurers tLlnction for these agencies.
Chavez was a founding member of the Chicano. Latino Youth Leadership Project and
currently serves on Los Angeles Mayor Richard Riordan's Task Force on Primary Centers, the
Friel1ds of Camp Sacramento Board of D!reclcrs and the University of California at Santa
Cruz Foundation.
Bill has a B.A. degree witi'l honors in PolitICS from Merrill College at the University of
California at Santa Cruz and has multiple credits from the U'liversity of Southern CalifornIa's
Graduete School of Educ5tion.
Chavez is married to Nancy and has two sons: Nicholas, age six, and Henri, age four.
1 ~30 K STREET S~lTf}Z50' SACJIAMcNTO, CA 1}3814. ""FJ...~ 9~6A41J9(l9 ~ FAX: 9'16.4411,')77
C-MAll: ilenl::T'llmail@stratei.icMvCtil.!~,,,,Jm
1,;!'01.98 WED 12: 57 FAX 916 441 4517
STRATEGIC ED SRVS
1999-313
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SES
13f1.l, A. Cnt,VEl
DAi..E F. SHIMASAKI
.
Dr. ShlrT18saki joined SES after more than twenty years experience In state, federal and local
education and budget policy shaping roles.
In The California Legislature, Dc. Shimasaki served for Three yea,s in the Office of the
Legi~lative Analyst, two years as Principie ConsulTant for the Assembly Budget Committee
and six years as Chief Consultant to Speaker of the As~embly, Willie L, Brown, Jr, From
1992 through 1996 Dr. Shimasaki served as Director of Research and Director of
Governmental Relations for the CitY College of San Francisco.
Dr. Shimasaki ha~ held numerous posts in research and special studies during his professional
career, including pOSition. .. Instructor at the University of California at Berkeley, San
FrancIsco State University and City College of San Francisco. He has served as advisor and
researcher for the Congressional Budget Office and the Chancellor's Budget and Program
Review Committee at the University of California.
On leave from his educational policy and finanCial management duties, Dr. Shimasaki has
served for the past two years as Executive Director of the Civil liberties Public Education
Fund, a feder al board appointed by the President of the United States to educate the public
regarding the incarceration of Japanese Americans during world War II.
A certified personal flmmcial planner, Dr. Shlmasaki has authored numerous reports and
academic papers on education policy and finance including "The Implementation of Voter
Approved Entitlement for K-12 Education: Budgetary Responses to Proposition 98". and
"Sources of Growth in Local Government Employment: California 1964.1978", published in
The American Economic Review.
Or. Shlrnasakl received hiS B.A. in Economics from the University of California, Berkeley and
was awarded a Master of Public PoliCY degree from the UC Berkeley School of Public Policy ill
1978 In 1994 he received his Ph.D. in Education Administration from the UC Berkeley
School of Education.
1130 K STRef'T' SVITE2~O. SACRAlv.ENTO. CA 95$14 'lEL: 916 44U909' FAX: 9J6.441.4~77
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