HomeMy WebLinkAbout2004-3321
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RESOLUTION NO. 2004-332
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN GRESHAM, SAVAGE, NOLAN & TILDEN AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF CITY OF SAN BERNARDINO, a
municipal corporation and the ECONOMIC DEVELOPMENT AGENCY for the CITY OF SAN
BERNARDINO, a public body corporate and politic v. VALERIE POPE-LUDLAM, EDWARD
NEGRETE,YOLANDA NEGRETE, MICHAEL BEAVREGARD, ALLAN STEWARD, ALLAN
STEWARD, INC., STEWARD & ASSOCIATES, and DOES 1 through 100,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
execute on behalf of said City a Professional Services Agreement between Arias, Lockwood & Gray
and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no further
effect if the agreement is not executed by both parties and returned to the office of City Clerk within
sixty (60) days following the effective date of the resolution.
//J
2004-332
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN GRESHAM, SAVAGE, NOLAN & TILDEN AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF CITY OFSANBERNARDINQ, A
municipal corporation and the ECONOMIC DEVELOPMENT AGENCY FOR THE CITY OF SAN
BERNARDINO, a Public Body Corporate and Politic v. VALERIE POPE-LUDLAM, EDWARD
NEGRETE, YOLANDA NEGRETE, MICHAEL BEAUREGARD, ALLAN STEWARD, ALLAN
STEWARD, INC., STEWARD & ASSOCIATES, and DOES I THROUGH 100.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
fit. hh
Common Council of the City of San Bernardino at a Teg• meeting thereof, held on the 18tday
of October , 2004, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
The foregoing Resolution is hereby a p
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
2004-332
1 PROFESSIONAL SERVICES AGREEMENT
2 CITY OF SAN BERNARDINO, a municipal corporation and the ECONOMIC
DEVELOPMENTAGENCYfor the CITY OF SANBERNA RDINO, a public body
3 corporate and politic V. VALERIE POPE-LUDLAM, EDWARD NEGRETE,
YOLANDA NEGRETE, MICHAEL BEAUREGARD, ALLAN STEWARD,
4 ALLANSTEWARD, INC., STEWARD & ASSOCIATES, and DOES 1 through
100, San Bernardino Superior Court Case No. SCVSS 108965.
5
6 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
7 GRESHAM, SAVAGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this
8 Agreement.
9 2. GSN&T will be representing the following entities and persons in this litigation:
10 CITY OF SAN BERNARDINO, AND THE ECONOMIC DEVELOPMENT AGENCY FOR THE
11 CITY OF SAN BERNARDINO. GSN&T shall not represent any client in any type of claim against
12 the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through
13 the City Attorney's Office.
14 3. GSN&T shall be paid at the hourly rate set forth below:
15 Attorneys - $230.00 per hour.
16 The amounts expended under this agreement for attorneys fees shall not exceed $20,000
17 without further approval of the Mayor and Common Council.
18 4. Bills shall be submitted at least quarterly.
19 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
20 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
21 GSN&T may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
22 of reimbursement for photocopying, telephone charges, and postage.
23 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
24 then GSN&T shall not be entitled to reimbursement for mileage and parking fees.
25 7. GSN&T shall obtain approval from the CITY to retain expert consultants and other
26 professionals (not including court reporters) for purposes of prosecuting the litigation. GSN&T
27 may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY
28 on its periodic statement, or it may forward the consultant's bill to CITY with a request that the
SM6/cj]I ud1amPr0fessiona1Servicc.Agrmt]
2004-332
1 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
2 CITY'S Finance Department.
3 8. Status reports will be submitted to CITY through the City Attorney's Office whenever
4 any significant event occurs, and in any event at least quarterly.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
6 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
7 or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants in
9 this action shall also be provided to the CITY through the City Attorney's Office.
10 11. Any and all settlements shall require CITY approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12 12. Only John Nolan of GRESHAM, SAVAGE, NOLAN & TILDEN or other senior
13 attorney approved by the City shall try this case.
14 13. No client development costs are to be included in billings.
15 14. No continuing education expenses are to be included in billings.
16 15. Final billing shall be accompanied by copies of the Request for Dismissal,
17 Satisfaction of Judgment, Release and any other final documents.
18 16. Either party may terminate this contract at will. GSN&T will continue to represent
19 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
20 another attorney.
21 17. GSN&T is an independent contractor as to the CITY.
22 18. GSN&T shall maintain the following types of insurance with limits as shown:
23 a) Workers Compensation as required by the laws of the State of California, including
24 Employment Liability with $250,000 limits covering all persons providing service
25 on behalf of GSN&T and all risks to such persons under this Agreement. GSN&T
26 shall require its Workers Compensation carrier to waive all rights of subrogation
27 against the CITY and its officers and employees and any others for whom services
28 are being provided under this Agreement.
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2004-332
1 b) Comprehensive General and Automobile Liability Insurance coverage to
2 include contractual coverage and automobile coverage for owned, hired and non-
3 owned vehicles. The policy shall have at least a combined single limit of $1,000,000
4 for bodily injury and property damage.
5 c) Professional Liability Insurance with limits of at least $1,000,000 per claim.
6 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
7 follows:
8 "Insurance coverage afforded by this policy shall also apply
9 to the liability assumed by the Insured under the Agreement with the
10 CITY OF SAN BERNARDINO for legal defense services, provided
11 such liability results from an error, omission or negligent act of the
12 insured, its officers, employees, agents, or subcontractors. All other
13 provisions of this policy are to remain unchanged."
14 GSN&T shall furnish certificates of insurance and certified copies of all policies and
15 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
16 to the commencement of performance of services hereunder, which certificates shall provide that
17 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
18 Attorney's Office, and shall maintain such insurance from the time GSN&T commences
19 performance of services hereunder until the completion of such services.
20 All policies, with respect to the insurance coverage above required, except for the
21 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
22 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
23 their employees, agents, volunteers and officers as additional named insured with respect to
24 liabilities arising out of the performance of services hereunder.
25 All policies required above are to be primary and non-contributing with any insurance or self-
2 6 insurance programs carried or administered by the CITY or other parties represented under this
27 Agreement.
28 ///
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2004-332
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19. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
Dated: Du. S , 2004
Dated: V7 / `j 2004
Approved As To Form
And Legal Content.
JAMES F. PENMAN
City Attorney
1-1
GRESHAM, SAVAGE, NOLAN & TILDEN
• 072 By. n Nolan
CITY OF
BERNARDINO
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