HomeMy WebLinkAbout2005-393
SEE COMPANION RESOLUTION NOS. 2005-394 & CDC/2005-42
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RESOLUTION NO. 2005-393
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 CWB CONSULTING (CWB)
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 CWB CONSULTING (CWB) 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.
14 SECTION 2. The authorization to execute the above referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2005-393
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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 CWB CONSULTING (CWB) 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 j t. reglhle~ling thereof, held on the
5th day of December ,2005, by the following vote, to wit:
Council Members: AYES
ESTRADA X
LONGVILLE X
MCGINNIS X
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DERRY X
-
KELLEY X
-
JOHNSON X
MC CAMMACK X
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NAYS
ABSTAIN ABSENT
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24 Approved as to
Form and legal content:
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blJ41
City Clerk J
~ tJ~~
711'1
day of ])ef't':lr! tEl',
The foregoing resolution is hereby approved
2005.
JAMES F. PENMAN,
City ttorney
By: f~
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2005-393
ORIGINAL
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Exhibit A
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
,
This agreement is entered into this ~ day of !JocHJcUL 2005, by and
between the City of San Bernardino ("City"), and the City of San Bernardino Municipal Water
Department, by and through its Board of Water Commissioners ("Water Department"), and the
Redevelopment Agency of the City of San Bernardino ("AGENCY").
RECITALS
This agreement is made with reference to the following:
1. 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 Redevelopment 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. The City has retained the firm of CWB Consulting, and 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 two years,
commencing on January 1, 2006, and terminating on December 31, 2007, unless otherwise
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.
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2. COMPENSATION AND METHOD OF PAYMENT. Pursuant to the Services
Agreement, CITY has agreed to pay CONSULTANT $48,000 per year of the agreement,
payable in twenty-four (24) monthly installments of $4,000.00. In addition, the fee for services
will cover all basic expenses incurred in Sacramento by the CONSULTANT on behalf of the
CITY. CWB Consulting shall be reimbursed for out-of-pocket expenses and costs incurred on
San Bernardino's behalf, up to a maximum of$I,OOO annually. CWB Consulting 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.
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's Office
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
To the Water Department
General Manager
City of San Bernardino
Municipal Water Department
P. O. Box 710
San Bernardino, CA 92402
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To the Redevelopment Agency:
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.
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
4 date first shown above.
5 ATTEST:
6 By: '~_.)k~ D~-.I; {/~ C!U
7 City Clerk (J
8 ATTEST:
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10 By:
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r;~; 9t4A<-_
R bin L. Ohama
Secretary
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14 By: r Y)7~
Maggie Pacheco
Secretary
ATTEST:
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17 APPROVED AS TO FORM AND
18 LEGAL CONTENT:
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James F. Penman
City Attorney
By: q/C~'
Judith Valles, Mayor
BY~Uu~~PL2~
Warren Cocke,
President
REDEVELOPM9NTAGENCY
//
By:
C&<-.
APPROVED AS TO FORM AND
LEGAL CONTENT:
By ~~;I (}jjJ
Agency ounsel