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HomeMy WebLinkAbout07.A- City Attorney RESOLUTION(ID#1927) DOC ID: 1927 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract CFrom: James F. Penman M/CC Meeting Date: 07/02/2012 Prepared by: James F. Penman, (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) agrmt 1927 (PDF) Updated:6/28/2012 by Sabdi Sanchez Page 1 1 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: 6 7 SECTION 1. 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. 9 Bradbury II and the City of San Bernardino,a copy of which is attached hereto and incorporated y a 10 herein as Exhibit"A." a 11 SECTION 2. The authorization granted by this Resolution shall expire and be void and m m 12 ofno further effect ifthe agreement is not executed by both parties and returned to the Office of the r N 13 City Clerk within sixty(60)days following the effective date of this Resolution. © 14 0 15 16 m 17 /// r U A 18 19 20 21 22 23 24 25 26 111 27 Q28 PacketPg.979 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 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. 3 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: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ N a 10 JENKINS VALDIVIA 'o 12 SHORETT m 13 KELLEY 14 JOHNSON IS MCCAMMACK °m v 16 c m E 17 Georgeann Hanna, City Clerk A 18 19 ,2012. The foregoing Resolution is hereby approved this day of 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN, 24 City Attorney �^ /� 25 By: ( c cc—) 26 /��O 27 28 •F!�cktttNg98Q _' C I PROFESSIONAL SERVICES AGREEMENT 2 THIS AGREEMENT is made and entered into this 3rd day of July,2012('Effective Date") 3 by and between the CITY OF SAN BERNARDINO, a charter city("CITY")and CHADWICK J. 4 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 N 9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and a 10 responsibilities of the parties, a v 11 NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: m 12 1. APPOINTMENT. BRADBURY is hereby appointed to, and does hereby accept such 13 appointment of,the temporary position of Deputy City Attorney IV in the City of San Bernardino N 14 City Attorney's Office. E 15 2. TERM. The term of this Agreement shall begin on July 3, 2012 and terminate at m 16 midnight on December 25,2012. d E 17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, BRADBURY 5 18 shall be compensated for her services as a Deputy City Attorney IV, Step 21 at $62.00 an hour. a 19 BRADBURY shall not be entitled to any compensation, leave accruals, retirement or other 20 benefits beyond the aforementioned hourly rate of pay. 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 27 1 � { 28 PacketPg.981 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 8 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney 9 and members of his/her office in enforcing this contract on behalf of the CITY shad be considered a 10 "attorney's fees" for the purposes of this paragraph. a v 11 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of m 12 law, such provision shall be considered severable, and the remainder of this Agreement or any 1 S 13 provision hereof shall not be affected. A C 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 w 16 Agreement. m E 17 11. AMENDMENT. This Agreement may only be amended by a written instrument a 18 executed by the parties hereto, and may not be amended by oral agreement. 19 12. ASSIGNMENT. This Agreement shall not be assigned by BRADBURY, without prior 20 written consent of the City. 21 22 i 23 24 /// 25 26 27 28 z I IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date first above written. 3 Date: 2012 CHADWICKJ.13RADBURYI1 4 5 By: 6 7 Date: , 2012 CITY OF SAN BERNARDINO 8 a 9 a By: 10 Patrick 7.Moms,Mayor 11 m 12 ATTEST: N m 13 r N 14 Georgeann"Gtgi"Hanna,City Clerk 15 £ m 16 17 APPROVED AS TO FORM: z 18 By: es F. Penman 4 19 ity Attomey 20 21 22 23 24 25 26 27 s 28