HomeMy WebLinkAbout2005-394
SEE COMPANION RESOLUTION NOS. 2005-393 & CDC/2005-42
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RESOLUTION NO. 2005-394
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH CWB CONSULTING (CWB) FOR CONSULTING SERVICES.
WHEREAS, Chapter 3.04.010 of the San Bernardino Municipal Code exempts
purchases approved by the Mayor and Common Council from the requirements of the City's
purchasing system; and
WHEREAS, the Mayor and Common Council find that it is in the best interests of the
City of San Bernardino to retain CWB Consulting;
NOW, THEREFORE, 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 CWB Consulting 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
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2005-394
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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 CWB CONSULTING (CWB) FOR CONSULTING SERVICES.
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and Common Council of the City of San Bernardino at a j t. reg'iiigJting thereof, held on the
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5th day of December ,2005, by the following vote, to wit:
Council Members: AYES
ESTRADA ~
LONGVILLE ~
MCGINNIS X
DERRY X
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KELLEY ~
JOHNSON X
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MC CAMMACK ~
ABSTAIN ABSENT
NAYS
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~;)x JJ;jj fb4 e;eflL
City Clerk I' ,
The foregoing resolution is hereby approved i '/7th .. _~ d&y of i)cct"mbe( ,
23 Approved as to
Form and legal content:
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-
ith Valles, Mayor
ty of San Bernardino
2005-394
ORIGINAL
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SERVICES AGREEMENT
Th' . d . h' (J-fL d f D b 2005 b d
IS agreement IS entere mto t IS { ay 0 ecem er ,y an
between CWB Consulting (CWB), ("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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2005-394
CONSUL T ANT 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; and working with City officials to develop strategies to
minimize or prevent reductions to local government revenues.
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 ofthe Mayor or hislher
designee.
d. Represent the CITY before specified state agencies, boards and commissions.
e. Provide 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 $48,000
per year of the Agreement, payable in twenty-four (24) 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. 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
expenditures made by CONTRACTOR shall be reimbursed by CITY without
the prior written approval of the Mayor.
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2005-394
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3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of two years, commencing on January
1, 2006, and terminating on December 31, 2007, 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.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT 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
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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-DISCRIMINA TION.
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.
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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
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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:
City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE CONSULTANT:
Charles W. Bader, President
CWB Consulting
P.O. Box 2801
Sacramento, CA 95812
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SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
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Date~~ 'd-S-, 2006
Date: December 7 ,2005
ATTEST:
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rRadJ ~ 04 8U-J
~~h~:,k:~r~ d4CiU--.
~i1PROVED AS TO FORM A~D
LEGAL CONTENT:
James F. Penman, City Attorney
3Y\1""- 7-. /t;,,,~
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By:
GQ];0~ .
Charles W, Bader, President
By:
San Bernardino