HomeMy WebLinkAbout08-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon, Assistant City
Administrator
Subject: Resolutions of the Mayor and Common
Council and the Community Development
Commission authorizing execution of an agreement
to jointly fund the consulting services of CWB
Consulting by and between the City of San
Bernardino, the Board of Water Commissioners, and
the Economic Development Agency; and a
Resolution authorizing the Mayor to execute an
agreement with CWB Consulting
Dept: City Administrator's Office
Date: November 14,2005
Meeting date: December 5, 2005
Synopsis of Previous Council Action:
December 1999 . Agreement to jointly fund a one year contract with Strategic Education Services is approved
December 2000 . Agreement to jointly fund a one year contract with Strategic Education Services is approved
December 200 I - Agreement to jointly fund a two year contract with Strategic Education Services is approved
December 2003 . Agreement to jointly fund a two year contract with Strategic Education Services is approved
Recommended motion:
Adopt resolutions
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Signature
Contact person:
Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report; resolutions; agreement Ward: All
FUNDING REQUIREMENTS:
Amount: Annual cost of $48,000 split among the City,
the Water Department, and EDA. Net cost to the General
Fund of$16,000, plus up to 1/3 of misc. expenses
($334.00)
Source: (Acct. No.) 001-092-5502
(Acct. Description) General Goverrunentl Non
departmental
Finance:
Council Notes:
Ag_Ik>n:O#.~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolutions authorizing an agreement with CWB Consulting to provide state legislative services
for the City, Water Department, and Economic Development Agency.
Backe:round:
In December 1999, Strategic Education Services (SES) was selected to provide state legislative
services for the City of San Bernardino. The City, the Board of Water Commissioners and the
Economic Development Agency jointly funded the agreement with SES for the purposes of
achieving bipartisan access to and influence with local legislators, legislative leadership, and the
Governor's Office. In December of2000, another one (I) year agreement was approved and was.
again jointly funded. In December of2001, a two (2) year agreement was approved and was
again jointly funded. In December of2003, another two (2) year agreement was approved and
was again jointly funded.
Chuck Bader of Strategic Education Services has pursued the following on behalf of the City of
San Bernardino, the Water Department and the Economic Development Agency during the past
contracts:
. Lobbied for the defeat of legislation that would have redirected sales tax revenues currently
received by the City
. Lobbied on behalf of the City regarding SB 910 and the State Department of Housing and
Community Development issues regarding RHNA and low-income hpusing.
. Worked with Legislators to secure funding for City projects
. Testified on behalf of the City at Committee hearings as requested
. Produced numerous reports to the City regarding the application process for State Park,
Water and Library Bond funding, as well as analysis of issues related to the Alameda
Corridor and Sales Tax redistribution.
. Represented the City at weekly Caucus meetings of the League of California Cities.
. Assisted with the negotiation oflegislation impacting the City, such as the state bill related to
the potential Seccombe Lake residential development project
Given his proven track record of effectiveness for the City, it is recommended that Chuck Bader
be retained for an additional two (2) years, beginning January 1,2006. Chapter 3.04.010 of the
Municipal Code provides that this contract can be awarded with the approval of the Mayor and
Council based on the City's experience with Mr. Bader.
With the passing of Bill Chavez, Mr. Bader's former associate at SES, Mr. Bader is now working
independently and so it is proposed that the City contract with his firm, CWB Consulting. No
increase in the contract price is proposed; the cost of the contract would remain at $48,000 per
year.
The annual cost of the contract will continue to be split among the City, the Water Department
and the Economic Development Agency as it was during the previous contracts. Costs for out-
of-pocket expenses will be billed by CWB monthly for reimbursement to be split by the City,
EDA and the Water Department, up tGa maximum of$l,OOOannually.
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Priorities for the new agreement with CWB will be as follows:
I. Work with City officials to develop strategies to continue to protect local government
revenues, including redevelopment agency revenues, from raids by the state. Redevelopment
is anticipated to be a major issue at the state level in the coming year. .
2. Work with City officials and others to pursue state funding requests, including Park Bond
and Water Bond funds.
3. Work with City officials to implement a legislative agenda.
4. Monitor legislation and testify before Committees of the Senate and Assembly.
5. Track and testify on budget items under consideration by the Legislature.
6. Provide periodic legislative update reports on significant legislation and budget issues to City
officials.
7. Represent the City before specific state agencies, boards and commissions.
Fiscal Impact:
The monthly retainer fee for the services of CWB Consulting is $4,000. The cost will be shared
equally by the City, the Water Department and the Economic Development Agency. A total of
$48,000 was budgeted to pay CWB Consulting this fiscal year.
The City has budgeted to pay all fees to CWB in Non-Departmental Account 001-092-5502.
Reimbursement from the Water Department and BDA was budgeted to be received in Revenue
Accounts 001-000-4673 and 001-000-4670 respectively. In addition, the firm shall be
reimbursed. for out-of-pocket expenses and costs (Le. pre-approved travel or other expenses) in
an amount not-to-exceed $1,000.00. These costs are also to be paid equally by EDA, Water and
the City. This agreement is virtually identical to the joint funding agreement already in place.
Recommendation:
Adopt resolutions
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Chairperson of the Community Development Commission of the
City of San Bernardino or her designee is hereby authorized and directed to execute on behalf
of said Agency an Agreement to jointly fund the consulting services CWB Consulting (CWB)
by and between the City of San Bernardino, the Board of Water Commissioners of the City of
San Bernardino, and the Redevelopment Agency of the City of San Bernardino.
14 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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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting thereof, held on
the _ day of ,2005, by the following vote, to wit:
Commission:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Chairperson
Community Development Commission of
the City of San Bernardino
Approved as to
Form anJiegal content:
By: tJ~'~
Agen Counsel
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RESOLUTION NO.
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
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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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
meeting thereof, held on the
_ day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
24 Approved as to
Form and legal content:
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26 JAMES F. PENMAN,
City 1\ttorney /)
27 By. 1J.d4~- I't'~
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Exhibit A
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This agreement is entered into this _ day of , 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:
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
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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
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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:
I. TERM OF CONTRACT. This Contract shall be for a period of two years,
commencing on January I, 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 $4,000.00. In addition, the fee for services
will cover all basic expenses incurred in Sacramento by the CONSULTANT on behalf of the
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CITY. CWB Consulting shall be reimbursed for out-of-pocket expenses and costs incurred on
San Bernardino's behalf, up to a maximum of$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 9240 I
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
serVl ce.
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
date first shown above.
ATTEST:
CITY OF SAN BERNARDINO
6 By:
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By:
City Clerk
Judith Valles, Mayor
8 ATTEST:
CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
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10 By:
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By:
Robin L. Ohama
Secretary
Warren Cocke,
President
ATTEST:
REDEVELOPMENT AGENCY
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14 By:
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By:
Maggie Pacheco
Assistant Secretary
Judith Valles, Chairperson
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17 APPROVED AS TO FORM AND
18 LEGAL CONTENT:
APPROVED AS TO FORM AND
LEGAL CONTENT:
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7'y..-- ) . a'h",~-
James F. Penman
City Attorney
By: tVpa~iI~
Agency ounsel
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RESOLUTION NO.
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.
5 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
6 purchasing system; and
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WHEREAS, the Mayor and Common Council find that it is in the best interests of the
City of San Bernardino to retain CWB Consulting;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. 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.
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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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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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a
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meeting thereof, held on the
_ day of
, 2005, by the following vote, to wit:
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12 MCGINNIS
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
DERRY
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KELLEY
JOHNSON
MC CAMMACK
City Clerk
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The foregoing resolution is hereby approved this
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
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SERVICES AGREEMENT
This agreement is entered into this day of December 2005, by and
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
reprefentation 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,
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; 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 of the 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 $1,000 annually. No other
expenditures made by CONTRACTOR shall be reimbursed by CITY without
the prior written approval of the Mayor.
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3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of two years, commencing on January
1,2006, and terminating on December 31,2007, unless previously modified, amended, or
cancelled by the written mutual consent of the parties.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this contract shall remain in force unless mutually amended. The
duration of this contract may be extended with the written consent of both parties.
4. INDEMNITY.
CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
employees and agents (including, without limitation, reasonable costs of defense and
reasohable attorney's fee) arising out of or related to CITY'S performance of this agreement,
except that such duty to indemnify, defend and hold harmless shall not apply where injury to
person or property is caused by CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to CONSULTANT'S performance of this Agreement, except that such
duty to indemnify, defend and hold harmless shall not apply where injury to person or property
is caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement on behalf
of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of$I,OOO,OOO.OO 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-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.
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
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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6 Date: Dccember
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9 Date: December
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12 ATTEST:
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,2005
,2005
Rachel Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
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CWE Consulting
By:
Charles W. Bader, President
City of San Bernardino
By:
Judith Valles, Mayor