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HomeMy WebLinkAbout2014-113 1 RESOLUTION NO. 2014-113 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR, INC. FOR MAYOR'S CHIEF OF STAFF SERVICES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized to execute a Professional 8 9 Services Agreement between the City of San Bernardino and MICA-PR, INC. for Mayor's 10 Chief of Staff services, attached hereto as Exhibit "A" and incorporated herein. 11 /// 12 ill 13 ill 14 ill 15 ill 16 ill 17 /// 18 iii 19 lli 20 iii 21 ill 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2014-113 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND MICA-PR, INC. FOR MAYOR'S CHIEF OF STAFF SERVICES. 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 Y joint regul meeting thereof, held on 7 the 21st day of April , 2014, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 15 NICKEL x 16 JOHNSON x 17 MULVIHILL x 18 19 George nn na"nn�� �/a,""C''ity Cle k 20 The foregoing Resolution is hereby approved this 025 — day of April , 2014. 21 G' � 22 23 R. Carey D vis, Mayor City of San Bernardino 24 Approved as to form: Gary D. Saenz, City Attorney 25 26 2 7 By: �-�`-c4.,CC52-/ 28 2 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. THIS AGREEMENT is made and entered into this 21st day of April, 2014 (Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and MICA-PR INC. ("MICA-PR"). WITNESSETH: WHEREAS,the CITY has the need for the services of a Chief of Staff to the Mayor; and WHEREAS, MICA-PR asserts that it is competent, trained and qualified currently to perform the duties of a chief of staff to the mayor; and WHEREAS,the parties desire to enter into this Agreement to outline the duties and responsibilities of the parties, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. MICA-PR is hereby retained to perform the functions and duties of the position of chief of staff in the City of San Bernardino Mayor's office. 2. TERM. The term of this agreement shall begin on April 21, 2014 and terminate on December 31, 2014. 3. COMPENSATION AND EXPENSES. For the term of this agreement, MICA-PR shall be compensated for its services at $62.50 per hour. MICA-PR shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate of pay. Requests for reimbursement shall not exceed $500.00 per month. In no event shall the total amount paid to MICA-PR exceed $100,000. 1 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. 4. TERMINATION. Under the terms of this Agreement, MICA-PR serves as an "at-will" employee and may be terminated at any time, with or without cause, and MICA-PR may terminate this agreement at any time. Nothing in this Agreement shall be construed as creating any vested right in the position of Chief of Staff to the Mayor or in employment with the CITY. 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. Any correspondence, letters, documents, or discussions leading up to this agreement or in any way made between the parties or their agents are replaced and superseded by this Agreement. 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with the applicable laws of the United States of America, the State of California, and all other applicable laws. 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of the State of California. 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party shall be entitled to reasonable attorney fees. The cost, salary and expenses of the City Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for the purpose of this paragraph. /// /// /// 2 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 11. AMENDMENT. This Agreement may only be amended by a written instrument executed by the parties hereto, and may not be amended by oral agreement. 10. ASSIGNMENT. This Agreement shall not be assigned by MICA-PR, without prior written consent of the City. //I //I 3 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. /// IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Date: , 2014 MICA-PR By: Michael McKinney Date: , 2014 CITY OF SAN BERNARDINO By: Allen J. Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: A t N c_ 4 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. THIS AGREEMENT is made and entered into this 21st day of April, 2014 (Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and MICA-PR INC. ("MICA-PR"). WITNESSETH: WHEREAS,the CITY has the need for the services of a Chief of Staff to the Mayor; and WHEREAS, MICA-PR asserts that it is competent, trained and qualified currently to perform the duties of a chief of staff to the mayor; and WHEREAS,the parties desire to enter into this Agreement to outline the duties and responsibilities of the parties, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. MICA-PR is hereby retained to perform the functions and duties of the position of chief of staff in the City of San Bernardino Mayor's office. 2. TERM. The term of this agreement shall begin on April 21, 2014 and terminate on December 31, 2014. 3. COMPENSATION AND EXPENSES. For the term of this agreement, MICA-PR shall be compensated for its services at $62.50 per hour. MICA-PR shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate of pay. Requests for reimbursement shall not exceed $500.00 per month. In no event shall the total amount paid to MICA-PR exceed $100,000. /// /// 1 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. 4. TERMINATION. Under the terms of this Agreement, MICA-PR serves as an "at-will" employee and may be terminated at any time, with or without cause, and MICA-PR may terminate this agreement at any time. Nothing in this Agreement shall be construed as creating any vested right in the position of Chief of Staff to the Mayor or in employment with the CITY. 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. Any correspondence, letters, documents, or discussions leading up to this agreement or in any way made between the parties or their agents are replaced and superseded by this Agreement. 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with the applicable laws of the United States of America, the State of California, and all other applicable laws. 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws of the State of California. 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorney fees. The cost, salary and expenses of the City Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for the purpose of this paragraph. /// /// /// 2 • 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 11. AMENDMENT. This Agreement may only be amended by a written instrument executed by the parties hereto, and may not be amended by oral agreement. 10. ASSIGNMENT. This Agreement shall not be assigned by MICA-PR, without prior written consent of the City. /// /// /// /// 3 2014-113 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MICA-PR INC. /// IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. Date: 1 (LOt , 2014 MICA-PR By: ti9a. , ,, vlichael Mclin I ey Date: //,;z7 , 2014 CITY OF SAN BERNARDINO By: g �� ,< len J. Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: 2 2'�-:cfl_..R C 4