HomeMy WebLinkAbout09A- City Attorney CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: Resolution Approving a Professional Services
CITY ATTORNEY Agreement Between the City of San Bernardino and Ramy
Abouelsood for Temporary Legal Services in the City
Attorney's Office.
Dept: CITY ATTORNEY
Date: April 27, 2010 MCC Meeting: May 3,2010
Synopsis of Previous Council Action:
None.
Recommended motion:
That said resolution be adopted.
Signature
Contact person: Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Committee Notes:
Agenda Item No.
4q4
5-3 -2010
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STAFF REPORT
Council Meeting Date: May 3.2010
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: April 28,2010
AGENDA ITEM: Resolution Approving a Professional Services Agreement Between the
City of San Bernardino and Ramy Abouelsood for Temporary Legal
Services In the City Attorney's Office
Two attorneys in the City Attorney's Office are scheduled to take maternity leave in June
2010,which will severely impact the office due to current case and workloads. In order to lessen
the impact caused by the temporary absence of these attorneys, the City Attorney's Office is
requesting approval to hire two contract attorneys on a temporary basis, at an hourly rate, without
benefits, to cover the case/workload of the attorneys taking maternity leave for a period of
approximately 6 months.
One of the attorneys scheduled to be out on maternity leave, Jolena Grider, is the lead
attorney handling the Administrative Civil Penalties (ACP) program. Due to the intensive
procedural structure and caseload ofthe ACP program,the City Attorney is requesting the immediate
hiring of Ramy Abouelsood in a temporary position so that he may train with Ms.Grider before she
leaves for the birth of her child. Since Mr. Abouelsood recently graduated from law school and is
waiting for his results from the February bar examination,which should be available mid-May, he
will initially be hired as an Administrative Analyst I until he successfully passes the bar examination
and takes the attorney's oath of office,at which time he will be appointed to the temporary position
of Deputy City Attorney I. Allowing Mr. Abouelsood to start work immediately will facilitate a
smooth transition and allow time for essential training in critical ACP procedures before Ms.Grider
starts her matemity leave.
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COPY
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN RAMY ABOUELSOOD AND THE CITY OF
SAN BERNARDINO FOR TEMPORARY LEGAL SERVICES IN THE CITY ATTORNEY'S
4 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 of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Rainy Abouelsood
9 and the City of San Bernardino for temporary legal services in the City Attorney's Office, a copy
10 of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
I 1 though 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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I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN RAMY ABOUELSOOD AND THE CITY OF
3 SAN BERNARDINO FORTEMPORARYLEGAL SERVICES IN THE CITY ATTORNEY'S
OFFICE.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of 2010, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ —
10 DESJARDINS —
11 BRINKER
12 SHORETT —
13 KELLEY —
14 JOHNSON ; —
15 MCCAMMACK
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CITY CLERK
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The foregoing Resolution is hereby approved this—day of ,2010.
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21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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By:
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F I EASLAND Vtesolutiom\Abouelsood.Res.wpd 2
I PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this_day of May,2010("Effective Date")
3 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and RAMY
4 ABOUELSOOD ("ABOUELSOOD").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney; and
7 WHEREAS,ABOUELSOOD asserts that he is competent,trained and qualified currently
8 for the position of Administrative Analyst I; and
9 WHEREAS, ABOUELSOOD asserts upon successful passing of the State of California
10 General Bar Examination, and upon taking the attorney's oath of office, he will be trained and
11 qualified for the position of Deputy City Attorney I.
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS:
15 1. APPOINTMENT. ABOUELSOOD is hereby appointed to, and does hereby accept such
16 appointment of,the temporary position of Administrative Analyst in the City of San Bernardino City
17 Attorney's Office and upon ABOUELSOOD's successful passing of the California General Bar
18 Examination and taking of the attorney's oath of office, ABOUELSOOD shall be immediately
19 appointed to the temporary position of Deputy City Attorney I in the City of San Bernardino's City
20 Attorney's Office.
21 2. TERM. The term of this Agreement shall be six(6)months from and beginning on May 4,
22 2010 and terminating at midnight on November 3, 2010. At the conclusion of this Agreement,at
23 the sole discretion of the City Attorney,subject to ratification by the City Council,ABOUELSOOD
24 may be given an extension of this contract for such term as deemed appropriate.
25 3. COMPENSATION AND EXPENSES.For the term of this Agreement,ABOUELSOOD
26 shall be compensated for his services as an Administrative Analyst I at $29.37 an hour and for his
27 services as a Deputy City Attorney I at$39.78 an hour. ABOUELSOOD shall not be entitled to any
28 compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate
F:I EASLAND Wgmmenul4bowlsood.PSA.wpd I EXHIBIT "A"
I of pay.
2 4. TERMINATION. Under the terms ofthis appointment,ABOUELSOOD serves as an"at
3 will"employee and may be terminated at any time,with or without cause,and ABOUELSOOD may
4 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such
5 appointment or in employment with the CITY.
6 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
7 parties. Any correspondence, letters,documents,or discussions leading up to this Agreement or in
8 any way made between the parties or their agents are replaced and superceded by this Agreement.
9 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
10 the United States of America, the State of California, and all other applicable laws.
11 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
12 the State of California.
13 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party shall
14 be entitled to reasonable attorney fees. :The cost, salary, and expenses of the City Attorney and
15 members of his/her office in enforcing this contract on behalf of the CITY shall be considered
16 "attorney's fees" for the purposes of this paragraph.
17 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law,
18 such provision shall be considered severable,and the remainder of this Agreement or any provision
19 hereof shall not be affected.
20 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
21 constitute a waiver of the right to compel enforcement of the remaining provisions of this
22 Agreement.
23 11. AMENDMENT. This Agreement may only be amended by a written instrument executed
24 by the parties hereto, and may not be amended by oral agreement.
25 12. ASSIGNMENT. This Agreement shall not be assigned by ABOUELSOOD,without prior
26 written consent of the City.
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EXHIBIT "A"
FIEASLANDUgeemenisUl6ouelsaod.PSA.wpd 2
I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date: 12010 RAMY ABOUELSOOD
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5 By:
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7 Date: 2010 CITY OF SAN BERNARDINO
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9 By:
Patrick J. Morris,Mayor
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12 ATTEST:
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14 Rachel Clark, City Clerk ;
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APPROVED AS TO FORM:
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By:
18 James F. Penman
City Attorney
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EXHIBIT "A"
FIEASIANDVsgreementsWbouelsood.PSA.wpd 3
i PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this_day of May,2010("Effective Date")
3 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and RAMY
4 ABOUELSOOD ("ABOUELSOOD").
5 WITNESSETH:
6 WHEREAS, CITY has the need for the temporary services of an attorney; and
7 WHEREAS,ABOUELSOOD asserts that he is competent, trained and qualified currently
8 for the position of Administrative Analyst I; and
9 WHEREAS, ABOUELSOOD asserts upon successful passing of the State of California
10 General Bar Examination, and upon taking the attorney's oath of office, he will be trained and
11 qualified for the position of Deputy City Attorney I.
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
15 1. APPOINTMENT. ABOUELSOOD is hereby appointed to, and does hereby accept such
16 appointment of,the temporary position ofAdministrative Analyst in the City of San Bernardino City
17 Attorney's Office and upon ABOUELSOOD's successful passing of the California General Bar
18 Examination and taking of the attorney's oath of office, ABOUELSOOD shall be immediately
19 appointed to the temporary position of Deputy City Attorney I in the City of San Bernardino's City
20 Attorney's Office.
21 2. TERM. The term of this Agreement shall be six(6)months from and beginning on May 4,
22 2010 and terminating at midnight on November 3, 2010. At the conclusion of this Agreement, at
23 the sole discretion of the City Attorney,subject to ratification by the City Council,ABOUELSOOD
24 may be given an extension of this contract for such term as deemed appropriate.
25 3. COMPENSATION AND EXPENSES.For the term of this Agreement, ABOUELSOOD
26 shall be compensated for his services as an Administrative Analyst I at$29.37 an hour and for his
27 services as a Deputy City Attorney I at$39.78 an hour. ABOUELSOOD shall not be entitled to any
28 compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate
FiEASLAND WgeemenuXAbouelsood.PSA.wpd 1
I of pay.
2 4. TERMINATION. Under the terms ofthis appointment,ABOUELSOOD serves as an "at
3 will"employee and maybe terminated at anytime,with or without cause,and ABOUELSOOD may
4 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such
5 appointment or in employment with the CITY.
6 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
7 parties. Any correspondence, letters,documents, or discussions leading up to this Agreement or in
8 any way made between the parties or their agents are replaced and superceded by this Agreement.
9 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of
10 the United States of America, the State of California, and all other applicable laws.
11 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of
12 the State of California.
13 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party shall
14 be entitled to reasonable attorney fees; The cost, salary, and expenses of the City Attorney and
15 members of his/her office in enforcing this contract on behalf of the CITY shall be considered
16 "attorney's fees" for the purposes of this paragraph.
17 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law,
18 such provision shall be considered severable,and the remainder of this Agreement or any provision
19 hereof shall not be affected.
20 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
21 constitute a waiver of the right to compel enforcement of the remaining provisions of this
22 Agreement.
23 11. AMENDMENT. This Agreement may only be amended by a written instrument executed
24 by the parties hereto, and may not be amended by oral agreement.
25 12. ASSIGNMENT. This Agreement shall not be assigned by ABOUELSOOD,without prior
26 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: 12010 RAMY ABOUELSOOD
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5 BY:
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7 Date: 2010 CITY OF SAN BERNARDINO
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9 By:
Patrick J. Morris, Mayor
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12 ATTEST:
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14 Rachel Clark, City Clerk
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APP OVED AS TO
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By,
18 James . Penman
City Attorney
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