HomeMy WebLinkAbout2010-082
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RESOLUTION NO. ..2ll.l.ll=-82
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN RAMY ABOUELSOOD AND THE CITY OF
SAN BERNARDINO FOR TEMPORARY LEGAL SERVICES IN THE CITY ATTORNEY'S
4 OFFICE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Ramy Abouelsood
9 and the City of San Bernardino for temporary legal services in the City Attorney's Office, a copy
10 of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
II though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the Office of the City
14 Clerk within sixty (60) days following the effective date of the resolution.
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2010-82
I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN RAMY ABOUELSOOD AND THE CITY OF
3 SAN BERNARDINO FOR TEMPORARY LEGAL SERVICES IN THE CITY ATTORNEY'S
OFFICE.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a Joint Regular
meeting thereof,
7 held on the 3rd day of May
8 COUNCIL MEMBERS: AYES
9 MARQUEZ X
10 DESJARDINS X
II BRINKER X
12 SHORETT X
13 KELLEY X
14 JOHNSON X
15 MCCAMMACK X
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,2010, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
C2~ h.~
CITY CLERK
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The foregoing Resolution is hereby approved this "m day of May
,2010.
23 Approved as to form:
25
24 JAMES F. PENMAN,
City Attorney
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of May, 20 I 0 ("Effective Date")
by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and RAMY
ABOUELSOOD ("ABOUELSOOD").
WITNESSETH:
WHEREAS, CITY has the need for the temporary services of an attorney; and
WHEREAS, ABOUELSOOD asserts that he is competent, trained and qualified currently
for the position of Administrative Analyst I; and
WHEREAS, ABOUELSOOD asserts upon successful passing of the State of California
General Bar Examination, and upon taking the attorney's oath of office, he will be trained and
qualified for the position of Deputy City Attorney I.
WHEREAS, the parties desire to enter into this Agreement to outline the duties and
responsibilities of the parties,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. APPOINTMENT. ABOUELSOOD is hereby appointed to, and does hereby accept such
appointment of, the temporary position of Administrative Analyst in the City of San Bernardino City
Attorney's Office and upon ABOUELSOOD's successful passing of the California General Bar
Examination and taking of the attorney's oath of office, ABOUELSOOD shall be immediately
appointed to the temporary position of Deputy City Attorney I in the City of San Bernardino's City
Attorney's Office.
2. TERM. The term of this Agreement shall be six (6) months from and beginning on May 4,
2010 and terminating at midnight on November 3, 2010. At the conclusion of this Agreement, at
the sole discretion of the City Attorney, subject to ratification by the City Council, ABOUELSOOD
may be given an extension of this contract for such term as deemed appropriate.
3. COMPENSATION AND EXPENSES. For the term of this Agreement, ABOUELSOOD
shall be compensated for his services as an Administrative Analyst I at $29.37 an hour and for his
services as a Deputy City Attorney I at $39.78 an hour. ABOUELSOOD shall not be entitled to any
compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate
EXHIBIT "A"
F:\EASLANDlAgreementslAbouelsood.PSA.wpd
I of pay.
2 4. TERMINATION. Under the terms of this appointment, ABOUELSOOD serves as an "at
3 will" employee and may be terminated at any time, with or without cause, and ABOUELSOOD may
4 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such
5 appointment or in employment with the CITY.
6 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
7 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or in
8 any way made between the parties or their agents are replaced and superceded by this Agreement.
9 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
10 the United States of America, the State of California, and all other applicable laws.
II 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
12 the State of California.
13 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall
14 be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney and
15 members of his/her office in enforcing this contract on behalf of the CITY shall be considered
16 "attorney's fees" for the purposes of this paragraph.
17 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court oflaw,
18 such provision shall be considered severable, and the remainder of this Agreement or any provision
19 hereof shall not be affected.
20 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
21 constitute a waiver of the right to compel enforcement of the remaining provisions of this
22 Agreement.
23 II. AMENDMENT. This Agreement may only be amended by a written instrument executed
24 by the parties hereto, and may not be amended by oral agreement.
25 12. ASSIGNMENT. This Agreement shall not be assigned by ABOUELSOOD, without prior
26 written consent of the City.
27 III
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EXHIBIT "A"
I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
RAMY ABOUELSOOD
By:
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
EXHIBIT "A"
2010-82
EXHIBIT "A"
I PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 3rd day of May, 201 0 ("Effective Date")
3 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and RAMY
4 ABOUELSOOD ("ABOUELSOOD").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney; and
7 WHEREAS, ABOUELSOOD asserts that he is competent, trained and qualified currently
8 for the position of Administrative Analyst I; and
9 WHEREAS, ABOUELSOOD asserts upon successful passing of the State of California
10 General Bar Examination, and upon taking the attorney's oath of office, he will be trained and
II qualified for the position of Deputy City Attorney 1.
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
15 1. APPOINTMENT. ABOUELSOOD is hereby appointed to, and does hereby accept such
16 appointment of, the temporary position of Administrative Analyst in the City of San Bernardino City
17 Attorney's Office and upon ABOUELSOOD's successful passing of the California General Bar
18 Examination and taking of the attorney's oath of office, ABOUELSOOD shall be immediately
19 appointed to the temporary position of Deputy City Attorney I in the City of San Bernardino's City
20 Attorney's Office.
21 2. TERM. The term of this Agreement shall be six (6) months from and beginning on May 4,
22 2010 and terminating at midnight on November 3, 2010. At the conclusion of this Agreement, at
23 the sole discretion of the City Attorney, subject to ratification by the City Council, ABOUELSOOD
24 may be given an extension of this contract for such term as deemed appropriate.
25 3. COMPENSATION AND EXPENSES. For the term of this Agreement, ABOUELSOOD
26 shall be compensated for his services as an Administrative Analyst I at $29.37 an hour and for his
27 services as a Deputy City Attorney I at $39.78 an hour. ABOUELSOOD shall not be entitled to any
28 compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate
F:\EASLAND\Agreements\Abouelsood.PSA. wpd
2010-82
I of pay.
2 4. TERMINATION. Under the terms of this appointment, ABOUELSOOD serves as an "at
3 will" employee and may be terminated at any time, with or without cause, and ABOUELSOOD may
4 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such
5 appointment or in employment with the CITY.
6 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
7 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or in
8 any way made between the parties or their agents are replaced and superceded by this Agreement.
9 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
10 the United States of America, the State of California, and all other applicable laws.
II 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
12 the State of California.
13 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall
14 be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney and
15 members of his/her office in enforcing this contract on behalf of the CITY shall be considered
16 "attorney's fees" for the purposes of this paragraph.
17 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law,
18 such provision shall be considered severable, and the remainder of this Agreement or any provision
19 hereof shall not be affected.
20 I O. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
21 constitute a waiver of the right to compel enforcement of the remaining provisions of this
22 Agreement.
23 II. AMENDMENT. This Agreement may only be amended by a written instrument executed
24 by the parties hereto, and may not be amended by oral agreement.
25 12. ASSIGNMENT. This Agreement shall not be assigned by ABOUELSOOD, without prior
26 written consent of the City.
27 III
28 III
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2010-82
I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
RAMY ABOUELSOOD
BY:fcvw~
CITY OF SAN BERNARDINO
B~~
atric J. Mo . , Mayor