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HomeMy WebLinkAbout2019-079Resolution No. 2019-79 RESOLUTION NO. 2019-79 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TALLEY & TALLEY, APC, RELATED TO ADMINISTRATIVE AND LEGAL MATTERS CONCERNING GENERAL LIABILITY, PERSONNEL, AND POLICE MATTERS WHEREAS, the City Attorney's Office handles and manages a variety of transactional and litigation matters and provides advisory services to the various departments; and WHEREAS, from time -to -time, special expertise is required to handle a specialized matter or conflict counsel is needed; and WHEREAS, Talley & Talley, APC, possesses special expertise in providing specialized advisory services to police departments and the City Attorney desires to have the ability to call upon them for this expertise as necessary; and WHEREAS, in litigation matters, various conflicts may arise and the City Attorney would like to have Talley & Talley available to act as conflict counsel when necessary. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Acting City Manager is hereby authorized to execute the Professional Services Agreement with Talley & Talley, APC, attached to the accompanying staff report and incorporated herein by this reference. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Resolution No. 2019-79 APPROVED and ADOPTED by the Cityi 1 d signed by the Mayor and attested by the City Clerk this 15th day of May 2019. VM1 Jbhn Valdivia, Mayor City of San Bernardino Attest: Georgeann Ha � a, MMC, Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-79 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-79 adopted at a regular meeting held at the 15th day of May 2019 by the following vote: Council Members- SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT F0 x K1 x x WITNESS my hand and official seal of the City of San Bernardino this 15'b day of May 2019. Georgeann Fyi6a, MMC, 6ty Clerk