HomeMy WebLinkAbout05.B- City Attorney RESOLUTION(ID# 1902) DOC ID: 1902
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: James F. Penman MCC Meeting Date: 06/18/2012
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Professional Services Agreement Between Chadwick J. Bradbury II and the City
of San Bernardino for Legal Services
Financial Impact:
Account Budgeted Amount: N/A
Account No.N/A
Account Description:N/A
Balance as of: N/A
Balance after approval of this item: N/A
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt Resolution.
The City Attorney's Office currently has a vacant position for an Assistant City Attorney. The
City Attorney wishes to enter into a contract with Chadwick Bradbury for attorney services to
cover this vacant position. The contract will be for six months and result in a salary savings to
the City Attorney's Office in the amount of$31,670 for that period of time.
City Attorney Review:
Supporting Documents:
reso 1902 (PDF)
agnnt 1902 (PDF)
Updated:6/13/2012 by James F.Penman Page 1
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I RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN CHADWICK J. BRADBURY H AND THE CITY
3 OF SAN BERNARDINO FOR LEGAL SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and
8 directed to execute on behalf of said City a Professional Services Agreement between Chadwick J. a
9 Bradbury II and the City of San Bernardino,a copy of which is attached hereto and incorporated
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herein as Exhibit "A." �
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I I SECTION 2. The authorization granted by this Resolution shall expire and be void and N
12 of no further effect ifthe agreement is not executed by both parties and returned to the Office of the
13 City Clerk within sixty(60)days following the effective date of this Resolution.
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S.B.a
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
I OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN CHADWICK J. BRADBURY II AND THE CITY
2 OF SAN BERNARDINO FOR LEGAL SERVICES.
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4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of
7 2012, by the following vote, to wit: _
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT a
8 a
9 MARQUEZ
10 JENKINS
11 VALDIVIA m
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
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eorgeann Hanna, City Jerk
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The foregoing Resolution is hereby approved this day of A
19 ,2012.
20 a
21 Patrick J. Morris, Mayor
City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
24 City Attorney
25 By; l
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I PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 19th day of June, 2012 ("Effective
3 Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and
4 CHADWICK J.BRADBURY II(-BRADBURY.).
5 WITNESSETH:
6 WHEREAS,CITY has the need for the temporary services of an attorney;and
7 WHEREAS,BRADBURY asserts that he is competent,trained and qualified currently for
8 the position of Deputy City Attorney IV;and a
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9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
10 responsibilities of the parties, m
11 NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: rn
12 1. APPOINTMENT. BRADBURY is hereby appointed to, and does hereby accept such
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13 appointment of,the temporary position of Deputy City Attorney IV in the City of San Bernardino 2
14 City Attorney's Office.
15 2. TERM. The term of this Agreement shall begin on June 19, 2012 and terminate at m
16 midnight on December 25,2012.
17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, BRADBURY
18 shall be compensated for her services as a Deputy City Attorney IV, Step 21 at$62.00 an hour. E
19 BRADBURY shall not be entitled to any compensation, leave accruals, retirement or other u
20 benefits beyond the aforementioned hourly rate of pay, a
21 4. TERMINATION. Under the terms of this appointment,BRADBURY serves as an "at
22 will"employee and may be terminated at any time,with or without cause,and BRADBURY may
23 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in
24 such appointment 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
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I in any way made between the parties or their agents are replaced and superseded by this
2 Agreement.
3 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
4 of the United States of America,the State of California,and all other applicable laws.
5 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
6 of the State of California.
7 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party
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8 shall be entitled to reasonable attorney fees. The cost, salary,and expenses of the City Attorney a
9 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered a
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10 "attorney's fees"for the purposes of this paragraph, m
11 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
12 law, such provision shall be considered severable, and the remainder of this Agreement or any
13 provision hereof shall not be affected. o
14 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
15 constitute a waiver of the right to compel enforcement of the remaining provisions of this
16 Agreement.
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17 11. AMENDMENT, This Agreement may only be amended by a written instrument
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18 executed by the parties hereto,and may not be amended by oral agreement. E
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19 12. ASSIGNMENT. This Agreement shall not be assigned by BRADBURY, without prior
20 written consent of the City.
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I IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date: 2012 CHADWICK J. BRADBURY II
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5 By:
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Date: 12012 CITY OF SAN BERNARDINO N
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9 By: s'
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10 Patnck J. Moms,Mayor m
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12 ATTEST:
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14 Georgeann"Gigi"Hanna, City Clerk
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17 APPROVED AS TO FORM:
18 By: E
es F. Penman
19 ity Attorney m
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