HomeMy WebLinkAbout2010-128
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RESOLUTION NO. 2010-128
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN NICHOLE J. MOUNSEY 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 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 Nichole J. Mounsey
9 and the City of San Bernardino for temporary attorney services in the City Attorney's Office, a
10 copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully
11 as 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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2010-128
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN NICHOLE J. MOUNSEY AND THE CITY OF
SAN BERNARDINO FOR TEMPORARY ATTORNEY SERVICES IN THE CITY
3 ATTORNEY'S OFFICE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
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meeting thereof,
, 2010, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
~~h.~
CITY CLERK
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The foregoing Resolution is hereby approved this ~ day of
.1nnp.
,2010.
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Approved as to form:
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JAMES F. PENMAN,
24 City Attorney
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2010-128
I PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 3rd day of June, 2010 ("Effective Date")
3 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and NICHOLE J.
4 MOUNSEY ("MOUNSEY").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney; and
7 WHEREAS, MOUNSEY asserts that she is competent, trained and qualified currently for
8 the position of Deputy City Attorney 1; and
9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
10 responsibilities of the parties,
11 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
12 1. APPOINTMENT. MOUNSEY is hereby appointed to, and does hereby accept such
13 appointment of, the temporary position of Deputy City Attorney I in the City of San Bernardino City
14 Attorney's Office.
15 2. TERM. The term of this Agreement shall be four (4) months from and beginning on June 8,
16 2010 and terminating at midnight on November 7, 2010. At the conclusion of this Agreement, at
17 the sole discretion of the City Attorney, subject.to ratification by the City Council, MOUNSEY may
18 be given an extension ofthis contract for such term as deemed appropriate.
19 3 . COMPENSATION AND EXPENSES. For the term of this Agreement, MOUNSEY shall
20 be compensated for her services as a Deputy City Attorney I, Step 3 at $40.58 an hour. MOUNSEY
21 shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the
22 aforementioned hourly rate of pay.
23 4. TERMINATION. Under the terms of this appointment, MOUNSEY serves as an "at will"
24 employee and may be terminated at any time, with or without cause, and MOUNSEY may resign at
25 any time. Nothing in this Agreement shall be construed as creating any vested right in such
26 appointment or in employment with the CITY.
27 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
28 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or in
F:\EASLAND\Agreements\Mounsey. PSA. wpd
2010-128
I any way made between the parties or their agents are replaced and superceded by this Agreement.
2 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
3 the United States of America, the State of California, and all other applicable laws.
4 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
5 the State of California.
6 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall
7 be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney and
8 members of his/her office in enforcing this contract on behalf of the CITY shall be considered
9 "attorney's fees" for the purposes of this paragraph.
10 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court oflaw,
11 such provision shall be considered severable, and the remainder of this Agreement or any provision
12 hereof shall not be affected.
13 I O. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
14 constitute a waiver of the right to compel enforcement of the remaining provisions of this
15 Agreement.
16 11. AMENDMENT. This Agreement may only be amended by a written instrument executed
17 by the parties hereto, and may not be amended by oral agreement.
18 12. ASSIGNMENT. This Agreement shall not be assigned by MOUNSEY, without prior
19 written consent of the City,
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2010-128
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date: ~ .~
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9 Date: 9u.,u
,2010
NICHOLE J. MOUNSEY
By:J>>M;'~(/
q
,2010
CITY OF SAN BERNARDINO
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By: ~
atric J. Morris, ~yor
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ATTEST:
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Racli Clark, City Clerk
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18 APPROVED AS TO FORM:
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