HomeMy WebLinkAbout25-City Attorney
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
ORiGiNAL
Subject: Professional Service Agreement between the
City of San Bernardino and the law firm of Gresham,
Savage, Nolan & Tilden to represent the City of San
Bernardino 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 Beauregard, Allan
Steward, Allan Steward, Inc., Steward & Associates, and
Does I through IOO.
Dept: City Attorney
Date: October 6, 2004
Synopsis of Previous Council action:
Council approved the hiring of Gresham, Savage, Nolan & Tilden to represent the City in the subject court action.
Recommended motion:
Adopt Resolution.
7-~
Signature
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
~ !::tzto4-3:<;2.
. I
J () J ) g J Dy:
".C.],
Agenda Item No. ~._
75.0262
STAFF REPORT
Council Meeting Date: October 18, 2004
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 6, 2004
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Gresham, Savage, Nolan & Tilden to represent the
City of San Bernardino and the Redevelopment Agency of the City of
San Bernardino in the case ofCiry of San Bernardino, a municipal
corporation and the Economic Development Agency for the Ciry 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 and Associates, and Does 1 through 100.
The Mayor and Common Council approved hiring the law firm of Gresham, Savage, Nolan
& Tilden to represent the City in the above-referenced court action. Attached hereto is the
Professional Services Agreement which reflects such approval, including a ceiling of $20,000 on
attorney fees and the requirement of regular status reports.
It is requested by the City Attorney that the floor motion be adopted so that the Mayor is
authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino.
RLS/cj [LudJamStafI Rpt]
tOlP~
RESOLUTION NO.
o RESOLl'TIOl\' OF THE 1\IA YOR Al\'D COW\IO:\" COV:-';CIL OF THE CITY OF SAl\'
3 BER'\'ARDI:\"O AUTHORIZING THE EXECUTIOl\' OF A PROFESSIOl\'AL SERVICES
4 AGREE:\IE:\"T BETWEEl\' GRESHAM, SAVAGE, NOLA!\' & TILDEN Al\'D THE CITY OF SAN
5 BER"iARDI'\'O TO REPRESE!\'T THE CITY IN THE CASE OF CITY OF SAN BERNARDINO, a
6 I1lllllicipal corporation and the ECONOMIC DEVELOPMENT AGENCY for the CITY OF SAN
7 BERNARDl.VO, a public body corporate and politic v. VALERIE POPE-LUDLA1II, EDWARD
8 NEGRETE,YOLANDA NEGRETE, MICHAEL BEAUREGARD, ALLAN STEWARD, ALLAN
9 STEWARD, INC., STEWARD & ASSOCIA TES, and DOES I through 100,
lOBE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF
11 SAN BERl\'ARDINO AS FOLLOWS:
12 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to
13 execute on behalf of said City a Professional Services Agreement between Arias, Lockwood & Gray
14 and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit
15 "A" and incorporated herein by reference as fully as though set forth at length.
16 SECTION 2. The authorization granted hereunder shall expire and be void and of no further
17 effect if the agreement is not executed by both parties and returned to the office of City Clerk within
18 sixty (60) days following the effective date of the resolution,
19 I I I
20 II/
21 i/l
22 ill
" ,
23 1/1
24 III
25 / l,/
. ,
26 /1/
27 1/1
28 III
RESOU'TIO"i OF THE l\IA YOR Al'iD C01W\1O"i COEl'iCII, OF THE CITY OF SAl\
1 BE~"I,"ARDI"IO Al'THORlZI:'iG THE EXEClTIO:'i OF A PROFESSIOl'iAL SERVlCES
3 AGREEME:\'T BETWEE"I GRESHAM, SAVAGE, l\OLA:"i & TILDE:\' AND THE CITY OF SAl'O
4 BER."IARDI'iO TO REPRESE:"iT THE CITY I:\' THE CASE OF CITY OF SAN BERNARDINO, A
5 mUl/icipal corporatiol/ al/d the ECONOMIC DEVELOPMENT AGENCY FOR THE CITY OF SAN
6 BERNARDIVO, a Public Body Corporate alld Politic t', VALERIE POPE-LUDLA/II, EDWARD
7 NEGRETE, YOLANDA NEGRETE, MICHAEL BEAUREGARD, ALLAN STEWARD, ALLAN
8 STEW4RD, I.Ve., STEWARD & ASSOCIATES, al/d DOES I THROUGH 100.
9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
10 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
, 2004, by the following vote, to wit:
11 of
12 COUNCIL MEMBERS: AYES NAYS
13 ESTRADA -
14 LONGVILLE -
15 MCGINNIS -
16 DERRY - -
17 KELLEY -
18 JOHNSON -
19 MC CAMMACK -
20
21
22
ABSTAIN
ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2004
23
24
Judith Valles, Mayor City of San Bernardino
25
Approved as to form and legal content:
26
JAMES F. PENMAN. City Attorney
27
28 L 1,P~
o
1 PROFESSIONAL SERVICES AGREEMENT
2 CITY OF SAN BERNARDINO, a municipal corporation and the ECONOMIC
DEVELOPMENT AGENCY for the CITY OF SAN BERNARDINO, a public body
3 corporate and politic v. VALERIE POPE-LUDLAM, EDWARD NEGRETE,
YOLANDA NEGRETE, MICHAEL BEAUREGARD, ALLAN STEWARD,
4 ALLAN STEWARD, 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 finn of
7 GRESHAM, SA V AGE, 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.
GNS&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.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
19
5.
20 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
21 GNS&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 GNS&T shall not be entitled to reimbursement for mileage and parking fees.
25
7.
GNS&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. GNS&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
S M B 'cj [LudlarilProfessionalService ,Agnnt ]
CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
CITY'S Finance Department.
1
~
2
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
I!.
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
15
16
13.
No client development costs are to be included in billings.
14.
No continuing education expenses are to be included in billings.
IS.
Final billing shall be accompanied by copies of the Request for Dismissal,
17 Satisfaction of Judgn1ent, Release and any other final documents.
18
16.
Either party may terminate this contract at will. GNS&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
22
23
24
25
26
27
28
17.
GNS&T is an independent contractor as to the CITY.
18.
GNS&T shall maintain the following types of insurance with limits as shown:
Workers Compensation as required by the laws of the State of California, including
a)
Employment Liability with $250,000 limits covering all persons providing service
on behalf ofGNS&T and all risks to such persons under this Agreement. GNS&T
shall require its Workers Compensation carrier to waive all rights of subrogation
against the CITY and its officers and employees and any others for whom services
are being provided under this Agreement.
S MOle] 1 LudlamProfessionalService ,Agnnt I
1 b) Comprehensive General and Automobile Liability Insurance coverage to
2 include contractual coverage and automobile coverage for owned, hired and non-
3 owned vehicles. The policy shall have at least a combined single limit of$I.OOO.OOO
4 for bodily injury and property damage.
5 c) Professional Liability Insurance with limits of at least S I ,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 GNS&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 GNS&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-
26 insurance programs carried or administered by the CITY or other parties represented under this
27 Agreement.
28 III
S:vl B CJ l LudlJrnProfessionalService.Agrmt ]
1 19.
2
3
4
5 Dated:
6
7
8
9
10 Dated:
11
12
All communications and billings to the CITY are to be directed as follows:
,2004
,2004
13
APPROVED AS TO FORM
14 AND LEGAL CONTENT.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SM BicJ [LudlamProfessionalServlce.Agnnt J
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
GRESHAM, SA V AGE, NOLAN & TILDEN
By: John Nolan
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 20, 2004
TO:
Edna DiVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-332
At the Mayor and Common Council meeting of October 18, 2004, the City of San Bernardino
adopted Resolution 2004-332 - Resolution 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 and the Economic Development Agency
of the City of San Bernardino v. Valerie Pope-Ludlam, Edward Negrete, Yolanda Negrete,
Michael Beauregard, Allan Steward, Allan Stewart, Inc., Steward & Associates, and DOES I
through 100.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by December 17, 2004.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~ 1O.:-J..tJ I , . .
c5
..,.
~
;-01
'. ,
'..';".;
Date: 10 /;",J o./.
Please sign and return
~
~
I
W
""
\0
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 9, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-332 - Gresham, Savage, Nolan & Tilden
CC:
Attached is a fully executed copy of the agreement between Gresham, Savage, Nolan & Tilden
and the City of San Bernardino to represent the City in the case of City of San Bernardino and
the Economic Development Agency v. Valerie Pope-Ludlam, Edward Negrete, Yolanda Negrete,
Michael Beauregard, Allan Steward, Allan Steward, Inc., Steward & Associates, and Does I
through 100. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
.. '
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): It> -\ 'koLj Item #
Vote: Ayes (-3 .5' , Nays..g
,
'25: Resolution # '2C()L\- 33 2-
Abstain .~ Absent Lj
Companion Resolutions
Change to motion to amend original documents 0
NulllVoid After: {cfJ
days/ 1"2-n-o'1
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor: 10- I (\-0'1
Date of Mayor's Signature: ii, - \ '" V L 1
Date ofClerklCDC Signature: \0 1',-,,/1
Reso, Log Updated:
Seal Impressed:
fJ./
..Q--
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
\~' <:0- 0"'1 Date Returned: \1-'1-04
2"d Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes V' No By
Yes NoL.... By
Yes No~ By
Yes No ./ By_
Yes No ,/ y-
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0 Facilities 0
City Attorney W' Finance IB"
Code Compliance 0 Fire Department 0
Development Services 0 Human Resources 0
Others:
Notes:
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
1-
Ready to File: _
Date:
Revised 12118/03