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HomeMy WebLinkAbout09.B- City Attorney RESOLUTION (ID#2308) DOC ID: 2308 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: James F. Penman M/CC Meeting Date: 03/04/2013 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 with Stephanie D. Easland for Legal Services. Current Business Registration Certificate: No Financial Impact: Account Budgeted Amount: <N/A> Account Description: <<N/A» Balance as of: «Inert Date>> Balance after approval of this item: «Insert Amount>> 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 the Resolution. Back round• The City Attorney's Office is requesting the authorization of a Professional Services Agreement with Stephanie Easland for legal services. City Attorney Review: Supportine Documents: Reso 2308 (PDF) Agnnt 2308 (PDF) Updated:2/28/2013 by Georgeann"Gigi"Hanna Packet Pg. 282 © RESOLUTION NO, 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN STEPHANIE EASLAND AND THE CITY OF 3 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 Stephanie cc 9 Easland and the City of San Bernardino,a copy of which is attached hereto and incorporated herein w 10 as Exhibit "A." c 11 SECTION 2. The authorization granted by this Resolution shall expire and be void and d N 12 of no further effect if the agreement is not executed by both parties and returned to the Office of the 3 13 City Clerk within sixty(60) days following the effective date of this Resolution. vai a 14 //! co 0 M 15 16 /!! N N O 17 18 /!/ d E 19 20 21 22 23 !/! 24 25 26 © 27 28 Packet Pg.03- ® RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN STEPHANIE EASLAND AND THE CITY OF 2 SAN BERNARDINO FOR LEGAL SERVICES. 3 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 2013, by the 7 following vote,to wit: 8 c m 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT m w 10 MARQUEZ c A I1 JENKINS d VALDIVIA 12 t 13 SHORETT N a 14 KELLEY 0 15 JOHNSON co 16 MCCAMMACK Cl) 0 17 18 cE Georgeann Hanna City Clerk 19 v The foregoing Resolution is hereby approved this day of a 20 2013. 21 22 Patrick J. Moms, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 Packet Pg.284. f 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND STEPHANIE EASLAND FOR LEGAL SERVICES 3 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 R N 9 duties of the position of Sr. Assistant City Attorney in the City Attorney's Office on an as-needed m 10 basis; and r CL 11 WHEREAS, EASLAND asserts that she is competent, trained and qualified currently to s 12 perform the duties of a Sr. Assistant City Attorney; and 3 y 13 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 14 responsibilities of the parties, o M N 15 NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS: o M 16 1. SCOPE OF SERVICES. EASLAND is hereby retained on a N temporary,ry, as-needed E 17 basis, to perform the functions and duties of the position of Sr.Assistant City Attorney in the City a 18 of San Bernardino City Attorney's Office. Additionally, on an as-needed basis, EASLAND will E L 19 assist with labor and employment matters referred to her by the City Attorney. a 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 27 28 - Pac6CJP 285 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 W N 9 of the United States of America, the State of California, and all other applicable laws. w d 10 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws a 11 of the State of California. y E 12 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party a IU 13 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney a 14 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered N 15 "attorney's fees" for the purposes of this paragraph. c M 16 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of E 17 law, such provision shall be considered severable, and the remainder of this Agreement or any a 18 provision hereof shall not be affected. E 19 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not -° a 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. 26 27 2 28 Packet Pg 2$t I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date 2 first above written. 3 Date: 2013 STEPHANIE EASLAND 4 5 By: 6 7 Date: ,2013 CITY OF SAN BERNARDINO 8 R N 9 w By: v 10 Patrick J. Morris, Mayor m t CL 11 rn L_ 12 ATTEST: 3 a 13 y IL co 14 Georgeann"Gigi" Hanna, City Clerk N 15 m 0 M 16 a E APPROVED AS TO FORM: 17 a C ]8 By. ! 1 d 19 ames F. Penman r City Attorney y 20 Q 21 22 23 24 25 26 27 3 28 Packet Pg.-287