HomeMy WebLinkAbout08.A- Mayor's Office DOC ID: 3113
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: R. Carey Davis MICC Meeting Date: 04/21/2014
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Prepared by: Georgeann "Gigi" Hanna,
Dept: Mayor's Office Ward(s):
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Professional Services Agreement Between the City of San Bernardino and
MICA-PR, Inc. for Mayor's Chief of Staff Services(#3113).
Current Business Registration Certificate:
Financial Impact:
Budgeted funds are available in account No. 001.090.0053.5502—General Government
Contractual Services for this contract amendment.
Motion: Adopt the Resolution
Synopsis of Previous Council Action:
<<Insert synopsis here>>
Backiiround:
<<Insert background here>>
Supporting Documents:
Reso_Mica_4-21-14 (PDF)
Professional Services Agreement—MicaPR (PDF)
Updated:4/18/2014 by Georgeann"Gigi" Hanna Packet Pg.699
1 RESOLUTION NO.
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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
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE �'o
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute a Professional m>,
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9 Services Agreement between the City of San Bernardino and MICA-PR, INC. for Mayor's
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to Chief of Staff services, attached hereto as Exhibit"A" and incorporated herein. m
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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.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and tr
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6 Common Council of the City of San Bernardino at a meeting thereof, held on
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the day of 2014, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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11 BARRIOS
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19 Georgeann Hanna, City Clerk
20 The foregoing Resolution is hereby approved this day of 72014.
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R. Carey Davis, Mayor
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City of San Bernardino
24 Approved as to form:
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Gary D. Saenz, City Attorney
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MICA-PR INC.
THIS AGREEMENT is made and entered into this 21 st day of April, 2014
(Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city("CITY") a
and MICA-PR INC. ("MICA-PR").
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WHEREAS,the CITY has the need for the services of a Chief of Staff to the Mayor; and
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WHEREAS,MICA-PR asserts that it is competent, trained and qualified currently to m
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perform the duties of a chief of staff to the mayor; and E
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WHEREAS,the parties desire to enter into this Agreement to outline the duties and a
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responsibilities of the parties,
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NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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1. SCOPE OF SERVICES.
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MICA-PR is hereby retained to perform the functions and duties of the position of chief a
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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 �i
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31, 2014. 4)
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3. COMPENSATION AND EXPENSES. d
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For the term of this agreement, MICA-PR shall be compensated for its services at �
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$62.50 per hour. MICA-PR shall not be entitled to any compensation, leave accruals, c
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retirement or other benefits beyond the aforementioned hourly rate of pay. Requests for a
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reimbursement shall not exceed $500.00 per month. In no event shall the total amount paid a
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to MICA-PR exceed $100,000.
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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 a
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be terminated at any time, with or without cause, and MICA-PR may terminate this 2
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agreement at any time. Nothing in this Agreement shall be construed as creating any cc,
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vested right in the position of Chief of Staff to the Mayor or in employment with the C
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CITY. m
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5. ENTIRE AGREEMENT. E
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This Agreement contains the entire agreement between the parties. Any a
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correspondence, letters, documents, or discussions leading up to this agreement or in any way
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made between the parties or their agents are replaced and superseded by this Agreement.
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6. COMPLIANCE WITH LAWS. d
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The parties hereto shall comply with the applicable laws of the United States of America, a
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the State of California, and all other applicable laws. M
7. GOVERNING LAW. cc
This Agreement shall be enforced and interpreted under the laws of the State of
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California.
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8. ATTORNEY'S FEES. y
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In any litigation relating to this Agreement, the prevailing party shall be entitled to
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reasonable attorney fees. The cost, salary and expenses of the City Attorney and members of
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his/her office in enforcing this contract on behalf of the CITY shall be considered"attorney's ,a
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fees" for the purpose of this paragraph.
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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 a
shall be considered severable, and the remainder of this Agreement or any provision hereof
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shall not be affected.
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10. WAIVER.
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Failure of either party to enforce any provision of this Agreement shall not constitute a m
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waiver of the right to compel enforcement of the remaining provisions of this Agreement. E
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11. AMENDMENT. a
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This Agreement may only be amended by a written instrument executed by the parties
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hereto, and may not be amended by oral agreement.
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10. ASSIGNMENT. N
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This Agreement shall not be assigned by MICA-PR, without prior written consent of the a`
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City. M
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MICA-PR INC.
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IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and a
date set forth below.
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Date: , 2014 MICA-PR v
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By: m
Michael McKinney
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Date: 32014 CITY OF SAN BERNARDWO
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By: y
Allen J. Parker, City Manager o
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APPROVED AS TO FORM: W
Gary D. Saenz, City Attorney
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