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HomeMy WebLinkAbout22-Mayor's Office " , OR\G\NAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Mayor's Office Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE AMERICAN INSTITUTES FOR RESEARCH (AIR) FOR THE STRATEGIC PLANNING AND FACILITATION OF THE PRE-K PROMISE PLANNING PROJECT, THE PRESCHOOL FOR ALL PLANNING EFFORT FUNDED BY THE DAVID AND LUCILLE PACKARD FOUNDATION. From: Chris Concepcion Date: August 20,2008 Meeting date: September 2, 2008 Synopsis of Previous Council Action: March 3, 2008: Council approved a resolution ratifying the submittal of a grant application to the David and Lucille Packard Foundation, and authorizing the City Manager to execute the grant documents. . Recommended motion: Adopt resolution. -c~ ",.: Contact person: Chris Concepcion Phone: 3615 Supporting data attached: Staff Report, Resolution Agreement Ward: all FUNDING REQUIREMENTS: Amount: $75,000 in grant funds Source: fAcet. No.) (Acct. Description) Finance: Council Notes: kc:stJ 2008- ..353 . fI~~i,N~dJPtJ+ ~e5 , Agenda Item No. ::II;;z ~ 9- ;Z-t:J8 , , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Su bject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE AMERICAN INSTITUTES FOR RESEARCH (AIR) FOR THE STRATEGIC PLANNING AND FACILITATION OF THE PRE-K PROMISE PLANNING PROJECT, WHICH IS THE PRESCHOOL FOR ALL PLANNING EFFORT FUNDED BY THE DAVID AND LUCILLE PACKARD FOUNDA TION. Background: In March of this year, the Common Council accepted a grant from the David and Lucille Packard Foundation for the purpose of hiring an expert consultant to help with the strategic planning and implementation ofa preschool-for-all program in the City of San Bernardino, hereafter named "The Pre-K Promise." Since the acceptance of the grant, the Mayor's Education Roundtable has developed and circulated a Request For Proposal for a preschool planning consultant. Two proposals were received. Interviews of the two applicant firms were held by a review panel made up ofrepresentatives from First 5 San Bernardino, San Bernardino County Preschool Services, Preschool California, Kids n Care and the Mayor's Office. American Institutes for Research (AIR) was chosen as the consultant for the preschool planning effort as they were the most qualified and least expensive submission. Attached is a Consultant Services Agreement marked Exhibit "A" with a swnmary of their work plan within the contract and AIR's detailed planned scope of work marked Exhibit "B." The total cost of this contract is $75,000 which will be paid in full from the David and Lucille Packard Grant received by the City in March. Financial Impact: No cost to the City. The consultant will be paid for with funds received by the David and Lucille Packard Foundation. Recommendation: Adopt resolution. c o o . , ccQ)rv 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE 3 AMERICAN INSTITUTES FOR RESEARCH (AIR) FOR THE STRATEGIC PLANNING AND FACILITATION OF THE PRE-K PROMISE PLANNING 4 PROJECT, THE PRESCHOOL FOR ALL PLANNING EFFORT FUNDED BY THE DAVID AND LUCILLE PACKARD FOUNDATION. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 6 directed to execute on behalf of said City, a Professional Services Agreement between the American Institutes for Research (AIR) and the City of San Bernardino, a copy of which is attached hereto, marked Exhibit "A," and incorporated herein by reference as though fully set forth at length. 9 10 11 12 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. 13 14 15 III 16 1/1 17 1/1 16 III 19 1/1 20 III 21 III 22 III 23 1/1 24 III 25 1/1 26 III 27 III 26 III 1 0<':< 9. dooR c c o , , RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE AMERICAN 2 INSTITUTES FOR RESEARCH (AIR) FOR THE STRATEGIC PLANNING AND 3 FACILITATION OF THE PRE-K PROMISE PLANNING PROJECT, THE PRESCHOOL FOR ALL PLANNING EFFORT FUNDED BY THE DAVID AND 4 LUCILLE PACKARD FOUNDATION. 5 6 7 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a the meeting thereof, held on 8 _ day of 9 10 11 12 13 14 15 16 , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY 17 JOHNSON 18 19 20 21 22 23 MC CAMMACK City Clerk day of ,2008. The foregoing resolution is hereby approved this Patrick J. Morris, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney By: .!~ 28 c c o , , 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 CONSULTANTSERYICESAGREEMENT EXHIBIT "A" This Agreement is entered into this day of , 2008 by and between the American Institutes for Research ("CONTRACTOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City has a need for the services of a preschool planning expert; and WHEREAS, AIR possesses the skills, experience, and ability to serve in the position of Consultant for the Preschool Planning Initiative, otherwise known as "The Pre-K Promise;" and WHEREAS, the City has received a grant from the David and Lucille Packard Foundation for the procurement of a preschool planning consultant; and WHEREAS, the City desires to enter into this Agreement with Contractor to obtain Contractor's services relative to "the Pre-K Promise." NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the CONTRACTOR to provide those services as set forth in Exhibit "B" attached hereto and by this reference marked a part hereof. Services shall be completed per the performance schedule attached hereto as Exhibit "C." The progress report referenced in Exhibit "C" shall be in the form described in Exhibit "0". Exhibits are incorporated by this reference. 2. COMPENSATION AND EXPENSES For the services delineated above, the CITY shall pay the CONTRACTOR an amount not to exceed $75,000. I AIR Contract 8/28/08 c c o , , CONSULTANT SERVICES AGREEMENT 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 3, TERM Th~ services set forth in Exhibit "8" shall be for a period of II months, commencing on June 1st, 2008, and terminating on April 30th, 2009, unless previously modified, amended or cancelled by the written mutual consent of both parties. This Agreement may be terminated at any time upon thirty (30) days prior written notice by either party. 4. INDEMNITY CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, concessionaries, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this agreement. 2 AIR Contract 8/28/08 c c o , , CONSULTANT SERVICES AGREEMENT 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 5. INSURANCE While not restricting nor limiting the foregoing, 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, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in the employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR 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. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions 3 AIR Contract 8/28/08 . , c 1 2 3 4 5 6 7 8 9 10 11 12 13 C 14 o .". c;ONSUL T ANT SERVICES AGREEMENT for CONTRACTOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS CERTIFICATE OTHER REGISTRATION AND REQUIREMENTS CONTRACTOR warrants that it possesses or shall obtain and maintain a business registration certificate pursuant to chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its profession. 9. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE CITY: City Manager's Office 300 North "D" Street San Bernardino, CA 924] 8 Phone: (909) 384-5122 TO THE CONTRACTOR: Nilva da Silva American Institutes for Research 1000 Thomas Jefferson Street, NW Washington, DC 20007 202-403-5086 Ndasilva@air.org 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing 4 AIR Contract 8/28/08 c c o CONSULTANT SERVICES AGREEMENT 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 party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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. I J. ASSIGNMENT CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 12. VENUE The parties hereto agree that all actions or proceedings arising in cOImection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and riot permissive in nature. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 5 AIR Contract 8/28/08 c c o CONSULTANT SERVICES AGREEMENT 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 15. HEADINGS The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of the Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties of this Agreement. III III III III III III III III III 6 AIR Contract 8/28/08 c c o 10 11 12 CONSULTANT SERVICES AGREEMENT 1 2 3 4 5 6 7 8 9 Date: IN WITNESS THEREOF, the parties hereto have executed this Agreement on tbe day and date set fortb below. Date: ,2008 AMERICAN INSTITUTES OF RESEARCH By: Nilva da Silva ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager 13 Approved as to Form JAMES F. PENMAN, City Attorney 14 By: 15 James F. Perunan, City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 7 AIR Contract 8/28/08 c EXHIBIT "B" SCOPE OF SERVICES 1. Ongoing' consultation and technical assistance to the Roundtable's Preschool for All Workgroup. 2. Preparation of submission-ready proposal for preschool funding. 3. Develop a comprehensive short-term and long-term plan for the Workgroup to use in implementing Preschool For All (pF A), under the aegis of the San Bernardino City Manager, in the City of San Bernardino. . . . 0 . . . Assemble a needs assessment on the supply and demand of early care and education spaces for 4-year-olds in the city of San Bernardino. Help the Workgroup determine the child outcomes they hope the PF A program will promote in San Bernardino, and program quality elements most likely to contribute to those desired outcomes. Assess the cost of a preschool space meeting the desires level of quality, and the cost for upgrading existing programs to meet this level of quality. Assess the infrastructure needs associated with making a citywide preschool program a reality in San Bernardino. Develop phase-in options, with a minimum of three scenarios for accomplishing citywide access to preschool, and each with 5-year and IO-year benchmarks. Consider the fmance options by maximizing existing funding sources, implementing parent fees, and exploring other new sources of revenue. Consider how to measure the progress and results for Preschool for All Initiative in San Bernardino. Explore how to make the case for Preschool for All in the city of San Bernardino. 4. Use commonly accepted "Preschool For All" planning and implementation tools. 5. Follow-up research as requested by the City Manager. 6. Prepare background material needed to carry out the tasks listed above. 7. Keep the City Manager informed of progress on this scope of services, report directly to the . City Manager and provide all completed original work of contract, including "research" and "background material" in item numbers 5 and 6 above, respectively, to the City Manager. o c ~ Eo< H i:Q H ::c x r<I ~.;~ ""'~':'Y'._" D.C)- ><<~ i:.__.:~'.,':.., .~.' ~Ji'~ :~:'P ~"'Y..~M' ~: "(.. ',-i~, '~''iflii\o..; ,i~:~, J:: e co Q) Q) (/J Q) :J 0::: "C Q) .... J:: C .E u (/JCI) Q) Q) :J U - c:: :;:; co (/J E c:: .... c::og ~ Q) .;::: c.. Q) E 4: o '~;[if~~"::} ;";;~,;';.;./:{ ~-~~~;;'; :~~f~:.~~f'l ~i~~ .~~:;!:::,., -I" c" ""..-:: , "-"'-- :;e_;b~.-:,.j .. .- .. .. .. .. .- .- .. .. .. .. .- .- .. < r-: -- l: o :;:; S '3 rn c o (.) l: '0 l: o iti l: III a:: l: E is m l: I- ::l Cl L1. l: <( 0 L1. ...J a. o/l E ... ~ -t: o .r: en Q. o Qj > Q) o ... .E Q) tJ) ::l .. .- .. .- .- .. .. .. '0 ::l -c l: o o iti o o - VI ~ ~ III III Q. - ! '5 Q. 0 -c l: III -c Q) 'lil Q) ::l 0- ~ VI III ~ III Q) tJ) ~ Q. ::l ~ .2 15 .E ~ ~ a. -c ! Q) o () III >> "E o E E o o .. III o .e -c Q) -c Q) Q) l: VI iii -i:: $ III E "0 l: ::l e - 'E or> ::l en .. c o o *' t DELIVERABLE EXHIBIT "0" CONSULTANT will provide written report of the Education Roundtable, in a format to be determined, which will include the preschool-for-all plan and financial report for purpose of the grant. .. c o o CONSULTANT SERVICES AGREEMENT 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 This Agreement is entered into this day of , 2008 by and between the American Institutes for Research ("CONTRACTOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City has a need for the services of a preschool planning expert; and WHEREAS, AIR possesses the skills, experience, and ability to serve in the position of Consultant for the Preschool Planning Initiative, otherwise known as "The Pre-K Promise;" and WHEREAS, the City has received a grant from the David and Lucille Packard Foundation for the procurement of a preschool planning consultant; and WHEREAS, the City desires to enter into this Agreement with Contractor to obtain Contractor's services relative to "the Pre-K Promise." NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES For the remuneration stipulated in paragraph 2, San Bernardino he~eby engages the CONTRACTOR to provide those services as set forth in Exhibit "B" attached hereto and by this reference marked a part hereof. Services shall be completed per the performance schedule attached hereto as Exhibit "C." The progress report referenced in Exhibit "c" shall be in the form described in Exhibit "D". Exhibits are incorporated by this reference. 2. COMPENSA nON AND EXPENSES For the services delineated above, the CITY shall pay the CONTRACTOR an amount not to exceed $75,000. AIR Contract 8/28/08 c o o CONSULTANT SERVICES AGREEMENT 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 3. TERM The services set forth in Exhibit "8" shall be for a period of II months, commencing on June 1st, 2008, and terminating on April 30th, 2009, unless previously modified, amended or cancelled by the written mutual consent of both parties. This Agreement may be terminated at any time upon thirty (30) days prior written notice by either party. 4. INDEMNITY CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, concessionaries, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this agreement. 2 AIR Contract 8/28/08 : c o o CONSULTANT SERVICES AGREEMENT 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 5. INSURANCE While not restricting nor limiting the foregoing, during the tenn 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 tennination in the policy. 6. NON-DISCRIMINATION In the perfonnance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor pennit its officers, employees or agents to engage in, discrimination in the employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, .medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as pennitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR CONTRACTOR shall perfonn 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. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions 3 AIR Contract 8/28/08 c 1 2 3 4 5 6 7 8 9 10 11 12 13 o 14 o CONSULTANT SERVICES AGREEMENT for CONTRACTOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS CONTRACTOR warrants that it possesses or shall obtain and maintain a business registration certificate pursuant to chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its profession. 9. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 15 TO THE CITY: 16 17 18 TO THE CONTRACTOR: 19 20 21 22 23 City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Phone: (909) 384-5122 Nilva da Silva American Institutes for Research 1000 Thomas Jefferson Street, NW Washington, DC 20007 202-403-5086 Ndasilva@air.org 10. ATTORNEYS' FEES 24 In the event that litigation is brought by any party in connection with this 25 agreement, the prevailing party shall be entitled to recover from the opposing party all 26 costs and expenses, including reasonable attorneys' fees, incurred by the prevailing 27 28 4 AIR Contract 8/28/08 c c o CONSULTANT SERVICES AGREEMENT 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 party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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. 11. ASSIGNMENT CONTRACTOR shall not voluntarily or by operation oflaw assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this'Agreement without' CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CON-TRACT OR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 12. VENUE The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 5 AIR Contract 8/28/08 : c c o ~" CONSULTANT SERVICES AGREEMENT . 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 15. HEADINGS The subject headings of the sections ofthis Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of the Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties of this Agreement. III III III III III III III III III AIR Contract 8/28/08 6 c 14 15 16 17 18 19 20 21 22 23 24 25 26 o 27 28 c CONSULTANT SERVICES AGREEMENT 1 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 4 5 Date: 6 7 8 9 10 ,2008 ,2008 Date: 11 12 13 Approved as to Fonn JAMES F. PENMAN, City Attorney 7 AMERICAN INSTITUTES OF RESEARCH By: Nilva da Silva CITY OF SAN BERNARDINO By: Fred Wilson, City Manager AIR Contract 8/28/08 c EXHIBIT "B" SCOPE OF SERVICES 1. Ongoing consultation and technical assistance to the Roundtable's Preschool for All Workgroup. 2. Preparation of submission-ready proposal for preschool funding. 3. Develop a comprehensive short-term and long-term plan for the Workgroup to use in implementing Preschool For All (PF A), under the aegis of the San Bernardino City Manager, in the City of San Bernardino. . . C . . . . . Assemble a needs assessment on the supply and demand of early care and education spaces for 4-year-olds in the city of San Bernardino. . Help the W orkgrpup determine the child outcomes they hope the PF A program will promote in San Bernardino, and program quality elements most likely to contribute to those desired outcomes. Assess the cost of a preschool space meeting the desires level of quality, and the cost for upgrading existing programs to meet this level of quality. Assess the infrastructure needs associated with making a citywide preschool program a reality in San Bernardino. Develop phase-in options, with a minimum of three scenarios for accomplishing citywide access to preschool, and each with 5-year and 10-year benchmarks. Consider the finance options by maximizing existing funding sources, implementing parent fees, and exploring other new sources of revenue. Consider how to measure the progress and results for Preschool for All Initiative in San Bernardino. Explore how to make the case for Preschool for All in the city of San Bernardino. 4. Use commonly accepted "Preschool For All" planning and implementation tools. 5. Follow-up research as requested by the City Manager. 6. Prepare background material needed to carry out the tasks listed above. 7. Keep the City Manager informed of progress on this scope of services, report directly to the City Manager and provide all completed original work of contract, including "research" and "background material" in item numbers 5 and 6 above, respectively, to the City Manager. o c ~ Eo< H lQ H II: X r>l >- (tl.Q) .. .~o 5,(0 <(0 .j.~ ...b .Q) to ....lij !D ~.p J:: e ell Q) Q) en- Q) :::::l c:::-g ~J:: .E (.) C' en (f) Q) Q) :::::l (.) - c: :;:; ell en E c: ~ c:.g ~ Q) "t: a.. Q) E <( j~ . .,,-. ,~~: ,:.. .'.","', '~i~! ~'-'?: ~~ IN~ " co ~, :0 "",,.,,..:",.'.., >i~.;-i;''"~''_" :'1;'. '+,:;p ",':,;"':-,-6:;' > 'li):~:-':' ~l({._.'~; ~;!~7 ~~~~i!~:;' :~~'J~.: tg~', ~- ~~~.: ~(t'; ,""- t }',;;..<.... .-., ,'.' l"..'c, .' o ::';"L}:::; ;fl~::t:,:_: . _. "-',' , ,: ; ;~f' .. .' .. .. .. .. .- .. + .- .' .. + .' + + .' .- .' .' + .' + g e ~ ... o ;: it 0- o - VI ~ .:.: Q) VI VI III III :> 0- - - U; ~ ;;l c i3 0 III ;;l "0 ~ c: "0 C C ttl g E 8 "0 .s '5 Q) u; ~ i c l- e ;;l Ol .s Q) i u. c ;;l it 0 <( 0- Q) t:: ...J U. ~ C ~ 0- ~ 0- Ul Ul ... E ! ttl iij cr: .E ~ .~ Ul iij Q) - Ul i 8 ttl III ~ ~ 3l E g 0 ttl ~ "0 e .&; >- c ... 0- en C 0- ;;l 0- ~ 0- 0 i' ~ :!: 0 E ::: .:.: E ~ Q) .0 > E o c..> ;;l .E tV ~ Q) 8 .0 en 0- 0 ..( ~ l: o ;:; tV - "'5 Ul c 8 g .~ o c o o . , EXHIBIT "D" DELIVERABLE CONSULTANT will provide written report of the Education Roundtable, in a fonnat to be determined, which will include the preschool-for-all plan and financial report for purpose of the grant.