HomeMy WebLinkAbout2010-114
.
J
I
RESOLUTION NO. 2010-114
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN SHIRLEY OGATA AND THE CITY OF
SAN BERNARDINO FOR TEMPORARY ATTORNEY SERVICES IN THE CITY
4 ATTORNEY'S OFFICE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION I. 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 Shirley Ogata and
9 the City of San Bernardino for temporary attorney 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.
15 //1
16 /1/
17 //1
18 /1/
19 /1/
20 //1
21 /1/
22 //1
23 /1/
24 /1/
25 /1/
26 /1/
27 //1
28 //1
F:\EASLAND\Resolutions\Ogata.Res.wpd
2010-114
t
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN SHIRLEY OGATA AND THE CITY OF
SAN BERNARDINO FOR TEMPORARY ATTORNEY SERVICES IN THE CITY
3 ATTORNEY'S OFFICE.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6
Common Council of the City of San Bernardino at a j oint regular
meeting thereof,
18
19
20
21
22
The foregoing Resolution is hereby approved this /9 day of _ May
,2010.
J. Morris, May
San Bernardino
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
::~~~
27
28
F:\EASLAND\Resolutions\Ogata.Res. wpd
2
2010-114
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 17th day of May, 2010 ("Effective Date") by
and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and SHIRLEY OGATA
("OGATA").
WITNESSETH:
WHEREAS, CITY has the need for the temporary services of an attorney; and
WHEREAS, OGATA asserts that she is competent, trained and qualified currently for the
position of Deputy City Attorney I; and
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:
1. APPOINTMENT. OGATA is hereby appointed to, and does hereby accept such appointment
of, the temporary position of Deputy City Attorney I in the City of San Bernardino City Attorney's
Office.
2. TERM. The term ofthis Agreement shall be four (4) months from and beginning on June I,
2010 and terminating at midnight on September 30, 2010. At the conclusion of this Agreement, at the
sole discretion of the City Attorney, subject to ratification by the City Council, OGATA may be given
an extension of this contract for such term as deemed appropriate.
3. COMPENSATION AND EXPENSES. For the term ofthis Agreement, OGATA shall be
compensated for her services as a Deputy City Attorney I, Step 3, at $40.58 an hour. OGATA shall not
be entitled to any compensation, leave accruals, retirement or other benefits beyond the aforementioned
hourly rate of pay.
4. TERMINATION.
Under the terms of this appointment, OGATA serves as an "at will"
employee and may be terminated at any time, with or without cause, and OGATA may resign at any
F :\EASLAND\Agreements\Ogata.PSA 5.13-1 O.doc
2010-114
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
time. Nothing in this Agreement shall be construed as creating any vested right in such appointment or
in employment with the CITY.
5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties.
Any correspondence, letters, documents, or discussions leading up to this Agreement or in any way
made between the parties or their agents are replaced and superceded by this Agreement.
6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of the
United States of America, the State of California, and all other applicable laws.
7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of the
State of California.
8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall be
entitled to reasonable attorney fees. The cost, salary, and expenses ofthe City Attorney and members of
his/her office in enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for
the purposes of this paragraph.
9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court oflaw, such
provision shall be considered severable, and the remainder of this Agreement or any provision hereof
shall not be affected.
I O. WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute
a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
II. AMENDMENT. This Agreement may only be amended by a written instrument executed by
the parties hereto, and may not be amended by oral agreement.
12. ASSIGNMENT. This Agreement shall not be assigned by OGATA, without prior written
consent of the City.
/1/
F:\EASLAND\Agreements\Ogata.PSA 5-13-10.doc
2
2010-114
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
2 first above written.
3
Date M ~ '-I / '7
SlllRLEY OGATA
,2010
4
By:JJLe.(Dr
5
6
I
I
7
8
9
Date: /J1L7Lj /9 ,2010
CITY OF SAN BERNARDINO
10
~om,~
11
12
13
14
ATTEST:
15
~ /!:1. CLuJt
Rache lark, CIty Clerk
16
17
18
19
APPROVED AS TO FORM:
20
21
22
23
24
25
26
27
28