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Cll . OF SAN BERNARDI. ~ - REQUE~ . FOR COUNCIL....ACT..,N
Date:
Den~ce E. B~ue IU'C'D.-ADMIH.5tI,..~t:
Asslstant Clty Attorfi~y
CITY ATTORNEY 1988 AUG 18 PM 4: 13
September 6, 1988
Contract for Attorney Services
for Litigation with Richard P.
Delatorre
From:
Dept:
-119r
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution.
QC
~~A-f ~
Signature
Contact penon:
Denice E. Brue
Phona:
384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Aoend. I tern Nn m c2- 0
CI'\ , OF SAN BERNARD.....O - REQUE~ I FOR COUNCIL AC1 _')N
STAFF REPORT
This contract position is approved in the 1988-89 budget.
($57,000.00) .
The contract is for attorney services (litigation), term
is two (2) years, with a 30 day noticed cancellation clause.
The Personnel Committee unanimously recommended approval
at their meeting on August 18, 1988.
-~
75-0264
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3
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF AN AGREEMENT WITH RICHARD P. DELATORRE, RELATING TO
CONTRACT ATTORNEY SERVICES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
SECTION 1.
The Mayor is hereby authorized and directed
8 to execute on behalf of said City an Agreement with Richard P.
9 Delatorre, relating to contract attorney services, which
10 Agreement is attached hereto, marked Exhibit "A", and
11 incorporated herein by reference as fully as those set forth at
12 length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
16 held on the
meeting thereof,
day of
, 1988, by the
17 following vote, to wit:
AYES:
Council Members
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24
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
25 of
, 1988.
26
Evlyn Wilcox, Mayor
27 City of San Bernardino
28 IIII
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RICHARD P. DELATORRE, RELATING TO
3 CONTRACT ATTORNEY SERVICES.
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8 (~ .)
\~,",_J.IC~
9 .Ci ty Attorney
I
10 'J
Approved as to form
and legal content:
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JFP:dd
8/18/88
AGREEMENT FOR ATTORNEY SERVICES
THIS AGREEMENT, made and entered into this day of
1988, by and between the City of San
Bernardino, a charter city and municipal corporation ("City"),
and RICHARD P. DELATORRE ("Attorney").
WITNESSETH:
WHEREAS, City has need on an interim basis for full-time
attorney services beyond the amount allocated in the City
Attorney's office; and
WHEREAS, Attorney asserts that he is specially trained,
experienced and competent to perform such services.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. City hereby employs Attorney to provide full-time legal
assistance in the City Attorney's office with respect to matters
assigned by the City Attorney under the supervision of the City
Attorney or his designee.
2. City shall compensate Attorney for services rendered, as
follows:
(a) Monthly Compensation. For each month of
service (paid every two weeks with the
City payroll), Attorney shall be compensated
in the gross amount of $4803.00. Such amount
($57,000.00 per year) shall be subject to
standard withholding and other deductions in
like manner as full-time City employees in
the City Attorney's office. Such amount shall
be subject to adjustments in the same amount
or percentage and at the same time that
City adjusts compensation for Deputy
Attorneys IV.
(b) Benefits. Attorney shall be entitled to
the same benefits including but not limited
to retirement, vacation, sick leave, health
insurance, etc., as are provided by City to
Deputy City Attorneys IV.
(c) Support Services. City shall provide Attorney
with office space, telephone, adequate office
furniture, secretarial support and other re-
lated services which would normally be provided
to a Deputy City Attorney.
3. Should Attorney, prior to, at the termination of, or
any extension of, this Agreement, become a permanent full-time
City employee, the time period during which Attorney served under
this contract shall be counted as time in employment with the
City.
4. This Agreement shall commence on and
shall terminate on However, prior to such
automatic termination, either the Attorney or the City Attorney
may terminate this Agreement for any reason upon thirty (30)
days' written notice to the other.
5. Any notice to be given pursuant to this Agreement shall
be deposited with the United States Postal Service, postage
prepaid, and addressed as follows:
CITY
ATTORNEY
City Attorney
300 North D street
San Bernardino, CA 92418
Richard P. Delatorre
1301 Cloverbrook Lane
Upland, California 91786
Nothing is this paragraph shall be construed to prevent the
giving of such notice by personal service.
6. This document contains the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and date first above shown.
ATTEST:
CITY OF SAN BERNARDINO
By:
By:
City Clerk
Evlyn Wilcox, Mayor
ATTORNEY
By:
Richard P. Delatorre
Approved as to form
and legal content: