HomeMy WebLinkAbout2013-047 2013-47
1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND STEPHANIE EASLAND FOR LEGAL SERVICES
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4 THIS AGREEMENT is made and entered into this 4th day of March, 2013 ("Effective
5 Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and
6 STEPHANIE EASLAND ("EASLAND").
7 WITNESSETH:
8 WHEREAS,CITY has the need for the temporary services of an attorney familiar with the
9 duties of the position of Sr. Assistant City Attorney in the City Attorney's Office on an as-needed
10 basis; and
11 WHEREAS, EASLAND asserts that she is competent, trained and qualified currently to
12 perform the duties of a Sr. Assistant City Attorney; and
13 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
14 responsibilities of the parties,
15 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
16 1. SCOPE OF SERVICES. EASLAND is hereby retained on a temporary, as-needed
17 basis,to perform the functions and duties of the position of Sr. Assistant City Attorney in the City
18 of San Bernardino City Attorney's Office. Additionally, on an as-needed basis, EASLAND will
19 assist with labor and employment matters referred to her by the City Attorney.
20 2. TERM. The term of this Agreement shall begin on March 4, 2013 and terminate at
21 midnight on February 28, 2016.
22 3. COMPENSATION AND EXPENSES.For the term of this Agreement,EASLAND shall
23 be compensated for her services at $75.00 an hour, not to exceed $10,000.00. EASLAND shall
24 not be entitled to any compensation, leave accruals, retirement or other benefits beyond the
25 aforementioned hourly rate of pay.
26 4. TERMINATION. Under the terms of this Agreement, EASLAND serves as an "at
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1 will" employee and may be terminated at any time, with or without cause, and EASLAND may
2 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in
3 the position of Sr. Assistant City Attorney or in employment with the CITY.
4 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
5 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
6 in any way made between the parties or their agents are replaced and superseded by this
7 Agreement.
8 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
9 of the United States of America, the State of California, and all other applicable laws.
10 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
11 of the State of California.
12 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party
13 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
14 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
15 "attorney's fees" for the purposes of this paragraph.
16 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
17 law, such provision shall be considered severable, and the remainder of this Agreement or any
18 provision hereof shall not be affected.
19 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
20 constitute a waiver of the right to compel enforcement of the remaining provisions of this
21 Agreement.
22 11. AMENDMENT. This Agreement may only be amended by a written instrument
23 executed by the parties hereto, and may not be amended by oral agreement.
24 12. ASSIGNMENT. This Agreement shall not be assigned by EASLAND, without prior
25 written consent of the City.
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1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
2 first above written.
3 Date: :S ° q , 2013 STEPHANIE EASLAND
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By: U■d2 C)c.ip(C1-14zz.t
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Date: J 5 , 2013 CITY OF SAN BERNARDINO
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9 By. 111
J. Morn , • .yor
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12 ATTEST:
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Georgea "Gigi" ann., City Clerk
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APPROVED AS TO FORM:
17 QQ
18 By:
ames F. Penman
19 City Attorney
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