HomeMy WebLinkAbout33-City Attorney ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: Resolution Approving a First Amendment to the
CITY ATTORNEY Professional Services Agreement Between the City of
San Bernardino and Shirley Ogata for Temporary Attorney
Services in the City Attorney's Office.
Dept: CITY ATTORNEY
Date: September 29, 2010 MCC Meeting: October 4, 2010
Synopsis of Previous Council Action:
May 17, 2010 - Resolution No. 2010-114: Approval of a Professional Services Agreement Between the City
of San Bernardino and Shirley Ogata.
Recommended motion:
That said resolution be adopted.
Signature
Contact person: Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Committee Notes: /
Agenda Item No.
�D- 4/- v
F:\EASLAN D\RCAs\Ogata l stAmendtoPSA.rca.wpd
STAFF REPORT
Council Meeting Date: October 4,2010
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: September 29, 2010
AGENDA ITEM: Resolution Approving a First Amendment to the Professional Services
Agreement Between the City of San Bernardino and Shirley Ogata for
Temporary Attorney Services In the City Attorney's Office
Ms. Ogata was originally retained in June 2010 to cover the case/workload of Shauna
Britton-Naime while Ms.Britton-Naime was on maternity leave. At the same time,another contract
attorney was hired to cover the case/workload of Sr. Deputy City Attorney Jolena Grider while she
is on maternity leave, but this attorney obtained permanent employment with the San Bernardino
County Public Defender's Office and was unable to complete the six-month temporary assignment
in the City Attorney's Office.
This First Amendment to the Professional Services Agreement with Shirley Ogata is to
extend her contract services,without benefits,to cover the position of Ms. Grider while she remains
on maternity leave.
F:\EASLAND\Staff Reports\Ogata.1 stAmendtoPSA.StaftRpt.wpd
1 RESOLUTION NO. C F.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
3 THE PROFESSIONAL SERVICES AGREEMENT BETWEEN SHIRLEY OGATA AND
THE CITY OF SAN BERNARDINO FOR TEMPORARY ATTORNEY SERVICES IN THE
4 CITY ATTORNEY'S OFFICE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a First Amendment to the Professional Services Agreement
9 between Shirley Ogata and the City of San Bernardino for temporary attorney services in the City
10 Attorney's Office,a copy of which is attached hereto marked Exhibit"A"and incorporated herein
11 by reference as fully as though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the Office of the City
14 Clerk within sixty (60) days following the effective date of the resolution.
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F:\EASLAND\Resolutions\Ogata.1 stAmendtoPSA.Reso.wpd
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 THE PROFESSIONAL SERVICES AGREEMENT BETWEEN SHIRLEY OGATA AND
THE CITY OF SAN BERNARDINO FOR TEMPORARY ATTORNEY SERVICES IN THE
3 CITY ATTORNEY'S OFFICE.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of , 2010, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
16
17
CITY CLERK
18
The foregoing Resolution is hereby approved this day of , 2010.
19
20
Patrick J. Morris, Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
24
25
26 B . e C �l
27
28
F:\EASLAND\Resolutions\ogata.1 stAmendtoPSA.Reso.wpd 2
1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN SHIRLEY OGATA
2 AND THE CITY OF SAN BERNARDINO
3 THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is
4 made and entered into this 1st day of October, 2010 by and between the CITY OF
5 SAN BERNARDINO, a charter city("CITY") and SHIRLEY OGATA, an individual (hereinafter
6 referred to as "OGATA"):
7 WITNESSETH:
8 WHEREAS, the parties hereto entered into a Professional Services Agreement dated
9 May 17, 2010 for the services of Deputy City Attorney I, Step 3; and
10 WHEREAS,OGATA asserts that she remains competent,trained and qualified currently for
11 the position of Deputy City Attorney I; and
12 WHEREAS,Section 2 ofthe aforesaid Professional Services Agreement allows an extension
13 of the Agreement at its conclusion,at the sole discretion of the City Attorney, subject to ratification
14 by the City Council, for such term as deemed appropriate; and
15 WHEREAS, Section 11 of the aforesaid Professional Services Agreement allows such
16 Agreement to be amended by a written agreement executed by the parties; and
17 WHEREAS,the parties desire to enter into this First Amendment to Professional Services
18 Agreement,
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
20 1. AMENDMENT TO EMPLOYMENT AGREEMENT. This First Amendment to
21 Professional Services Agreement amends only those terms contained herein;such terms not covered
22 by this amendment shall remain in full force and effect as set forth in said Professional Services
23 Agreement of May 17, 2010.
24 2. TERM. The term of this Professional Services Agreement is extended to December 16,
25 2010.
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F:\EASLAND\Agreements\Ogata.FirstAmendtoPSA.wpd 1 EXHIBIT "A"
1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
2 Professional Services Agreement on the day and date first above shown.
3 Date: , 2010 CITY OF SAN BERNARDINO
4
5 By:
Patrick J. Morris, Mayor
6
7
Date: , 2010 SHIRLEY OGATA
8
By:
9
10
11
ATTEST:
12
13
Rachel Clark, City Clerk
14
15
16 APPROVED AS TO FORM:
17
By:
18 James F. Penman
City Attorney
19
20
21
22
23
24
25
26
27
28
F:\EASLAND\Agreements\Ogata.FirstAmendtoPSA.wpd 2 EXHIBIT "A"
1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN SHIRLEY OGATA
2 AND THE CITY OF SAN BERNARDINO
3 THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is
4 made and entered into this 1st day of October, 2010 by and between the CITY OF
5 SAN BERNARDINO, a charter city("CITY") and SHIRLEY OGATA, an individual (hereinafter
6 referred to as "OGATA"):
7 WITNESSETH:
8 WHEREAS, the parties hereto entered into a Professional Services Agreement dated
9 May 17, 2010 for the services of Deputy City Attorney I, Step 3; and
10 WHEREAS,OGATA asserts that she remains competent,trained and qualified currently for
11 the position of Deputy City Attorney I; and
12 WHEREAS,Section 2 of the aforesaid Professional Services Agreement allows an extension
13 of the Agreement at its conclusion,at the sole discretion of the City Attorney, subject to ratification
14 by the City Council, for such term as deemed appropriate; and
15 WHEREAS, Section 11 of the aforesaid Professional Services Agreement allows such
16 Agreement to be amended by a written agreement executed by the parties; and
17 WHEREAS,the parties desire to enter into this First Amendment to Professional Services
18 Agreement,
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
20 1. AMENDMENT TO EMPLOYMENT AGREEMENT. This First Amendment to
21 Professional Services Agreement amends only those terms contained herein;such terms not covered
22 by this amendment shall remain in full force and effect as set forth in said Professional Services
23 Agreement of May 17, 2010.
24 2. TERM. The term of this Professional Services Agreement is extended to December 16,
25 2010.
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F:\EASLAND\A greements\Ogata.FirstAmendtoPSA.wpd 1
1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
2 Professional Services Agreement on the day and date first above shown.
3 Date: 2010 CITY OF SAN BERNARDINO
4
5 By:
Patrick J. Morris, Mayor
6
7
Date: , 2010 SHIRLEY OGATA
8
By:
9
10
11
ATTEST:
12
13
Rachel Clark, City Clerk
14
15
16 APPROVED AS TO FORM:
17 1 •
18 James F. 'enman
City Attorney
19
20
21
22
23
24
25
26
27
28
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