HomeMy WebLinkAbout2010-344
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RESOLUTION NO. 2010-344
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
STEPHEN R. ONSTOT 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 ofthe City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between the City of
9 San Bernardino and Stephen R. Onstot for temporary attorney services in the City Attorney's
10 Office, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
11 reference as though fully 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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201'0-344 '
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
STEPHEN R. ONSTOT 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 Common Council of the City of San Bernardino at a joint regular
meeting thereof,
6 held on the 18th day of October
, 2010, by the following vote, to wit:
7 COUNCIL MEMBERS:
8 MARQUEZ
9 DESJARDINS
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MCCAMMACK
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AYES
NAYS
ABSTAIN ABSENT
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X
~~ };. UtuJc
CITY CLERK
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The foregoing Resolution is hereby approved thi~ day of October
,2010.
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22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
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F:\EASLAND\Resolutions\Onstot. Res, wpd
2
2010-344
1 PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 18th day of October, 2010 ("Effective
3 Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and
4 STEPHEN R. ONSTOT ("ONSTOT").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney; and
7 WHEREAS, ONSTOT asserts that he is competent, trained and qualified currently for the
8 position of Deputy City Attorney III; 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. ONSTOT is hereby appointed to, and does hereby accept such
13 appointment of, the temporary position of Deputy City Attorney III in the City of San Bernardino
14 City Attorney's Office.
15 2. TERM. The term of this Agreement shall begin on October 18,2010 and terminate at
16 midnight on December 16, 2010.
17 3 . COMPENSATION AND EXPENSES. For the term of this Agreement, ONSTOT shall be
18 compensated for his services as a Deputy City Attorney III, Step 21 at $9,736 per month. ONSTOT
19 shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the
20 aforementioned monthly rate of pay.
21 4. TERMINATION. Under the terms of this appointment, ONSTOT serves as an "at will"
22 employee and may be terminated at any time, with or without cause, and ONSTOT may resign at any
23 time. Nothing in this Agreement shall be construed as creating any vested right in such appointment
24 or in employment with the CITY.
25 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
26 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or in
27 any way made between the parties or their agents are replaced and superceded by this Agreement.
28 III
F:\EASLAND\Agreements\Onstot.PSA. wpd
2010-344
1 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
2 the United States of America, the State of California, and all other applicable laws.
3 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
4 the State of California.
5 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall
6 be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney and
7 members of hislher office in enforcing this contract on behalf of the CITY shall be considered
8 "attorney's fees" for the purposes of this paragraph.
9 9. SEVERABILITY. If any portion ofthis Agreement is held to be invalid by a court oflaw,
10 such provision shall be considered severable, and the remainder ofthis Agreement or any provision
11 hereof shall not be affected.
12 1 O. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
13 constitute a waiver of the right to compel enforcement of the remaining provisions of this
14 Agreement.
15 11. AMENDMENT. This Agreement may only be amended by a written instrument executed
16 by the parties hereto, and may not be amended by oral agreement.
17 12. ASSIGNMENT. The expertise and experience ofONSTOT are material considerations for
18 this Agreement. CITY has an interest in the qualifications of and capability of ONSTOT who will
19 fulfill the duties and obligations imposed upon ONSTOT under this Agreement. In recognition of
20 that interest, ONSTOT shall not assign or transfer this Agreement or any portion of this Agreement
21 or the performance of any of ONSTOT's duties or obligations under this Agreement without the
22 prior written consent of the CITY.
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2010-344
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first ~ written.
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Date: (!)f1. ~~ ,2010
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8 Date:~~ .20,2010
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14 ATTEST:
15 ~k.~
16 Ra el Clark, City Clerk
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APPROVED AS TO FORM:
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20 7~(~
es F. Penman
21 Attorney
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STE.PHEN R'ON~
By -J;/;:;li 7
CITY OF SAN BERNARDINO
B~_
Patrie J. Morris ~