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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON OUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTI OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN HENRY EMPEN AND THE CITY OF SAN
3 BERNARDINO FOR LEGAL SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND OMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The City Manager of the C' of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City a Pr essional Services Agreement between Henry
9 Empeno, Jr. and the City of San Bernardino, a c py of which is attached hereto and incorporated
10 herein as Exhibit "A."
11 SECTION 2. The authorization ranted by this Resolution shall expire and be void and
12 of no further effect if the agreement is no xecuted by both parties and returned to the Office of the
13 City Clerk within sixty (60) days follo ing the effective date of this Resolution.
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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.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a meeting
6 thereof, held on the day of 2012, by the
7 following vote, to wit:
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9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 JENKINS
12 VALDIVIA
13 SHORETT
14 KELLEY
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JOHNSON
16 MCCAMMACK
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18 Georgeann Hanna, City Clerk
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20 2012. The foregoing Resolution is hereby approved this day of
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Patrick J. Morris,22 City of San Bernardino
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23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 By; �firw
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IN.
1 PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this day of July, 2012 by and
3 between the CITY OF SAN BERNARDINO, a charter city("CITY")and HENRY EMPENO, JR.
4 ("EMPENO").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney experienced in
7 planning and land use matters; and
8 WHEREAS,EMPENO asserts that he is competent,trained and qualified currently for the
9 position of Sr. Deputy City Attorney; and
10 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
11 responsibilities of the parties,
12 NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS:
13 1. APPOINTMENT. EMPENO is hereby appointed to, and does hereby accept such
14 appointment of the temporary position of Sr. Deputy City Attorney in the City of San Bernardino
15 City Attorney's Office.
16 2. TERM. The term of this Agreement shall be for six (6) months and begin
17 on , 2012 and terminate at midnight on 2013.
18 3. COMPENSATION AND EXPENSES. For the term of this Agreement, EMPENO shall
19 be compensated for his services as a Sr. Deputy City Attorney, Step 21 at $65.23 an hour.
20 EMPENO shall not be entitled to any compensation, leave accruals, retirement or other benefits
21 beyond the aforementioned hourly rate of pay.
22 4. TERMINATION. Under the terms of this appointment, EMPENO serves as an "at
23 will" employee and may be terminated at any time, with or without cause, and EMPENO may
24 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in
25 such appointment or in employment with the CITY.
26 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
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1 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
2 in any way made between the parties or their agents are replaced and superseded by this
3 Agreement.
4 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
5 of the United States of America, the State of California, and all other applicable laws.
6 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
7 of the State of California.
8 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party
9 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
10 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
11 "attorney's fees" for the purposes of this paragraph.
12 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
13 law, such provision shall be considered severable, and the remainder of this Agreement or any
14 provision hereof shall not be affected.
15 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
16 constitute a waiver of the right to compel enforcement of the remaining provisions of this
17 Agreement.
18 11. AMENDMENT. This Agreement may only be amended by a written instrument
19 executed by the parties hereto, and may not be amended by oral agreement.
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1 12. ASSIGNMENT. This Agreement shall not be assigned by EMPENO, without prior
2 written consent of the City.
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4 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
5 date first above written.
6 Date: , 2012 HENRY EMPENO
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By:
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Date: 12012 CITY OF SAN BERNARDINO
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12 By. Andrea Travis.Miller, P
13 Acting City Manager
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ATTEST:
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18 Georgeann "Gigi" Hanna, City Clerk
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20 APPROVED AS TO FORM:
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22 By. �iriyarr��
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23 men F. Penman
City Attorney
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