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Home My WebLink About2005-269 ~~"v<~<_<< < < , . , . . " n_ ., .. 1 RESOLUTION NO. 2005-269 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REVISED 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN GRESHAM, SAVAGE, NOLAN & TILDEN AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE 4 CASE OF Ghassan N. AbduUah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, DiIlne Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S.M. Alvarez v. City of San Bernardino, 5 a California Municipality, San Bernardino Valley Municipal Water District, aPublic Entity - San Bernardino Superior Court Case No. SCVSS 126706 and repealing Resolution No. 2005-155. 6 7 8 9 10 11 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 revised Professional Services Agreement between Gresham, Savage, Nolan & Tilden 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 12 13 14 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 15 16 Clerk within sixty (60) days following effective date of the resolution. SECTION 3. Resolution No. 2005-155 is hereby repealed. 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 RLS/js [Hassan.Res] 1 ~"J--' 'l . , ' 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REVISED 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN GRESHAM, SAVAGE, NOLAN & TILDEN AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE 3 CASE OF Ghassan N. Abdullah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, Diane Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S.M. Alvarez v. City of San Bernardino, 4 a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity - San Bernardino Superior Court Case No. SCVSS 126706 and repealing Resolution No. 2005-155. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint rel!:ular meeting ,2005, by the following vote, to wit: ABSTAIN ABSENT ~.j;;.~ CITY CLERK . 20 21 22 The foregoing Resolution is hereby approved tho , 2005. I ALLES, Mayor of San Bernardino 23 Approved as to form and legal content: 24 25 26 27 28 RLS/js [Hassan.Res] 2 "'~H~__~ ~ . ~ 2005-269 1 PROFESSIONAL SERVICES AGREEMENT 2 Ghassan N. Abdullah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, Diane Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S.M. Alvarez 3 v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity, et aL 4 5 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of GRESHAM, SA V AGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this 6 7 Agreement. 2. GSN&T will be representing the following entities and persons in this litigation: CITY OF SAN BERNARDINO. GSN&T shall not represent any client in any type of claim against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 3. GSN&T shall be paid at the hourly rates set forth below: Attorneys - $268.00 per hour; and, Law Clerks/Paralegals - $65.00 per hour. 8 9 10 11 12 13 14 The amounts expended under this agreement for attorneys fees shall not exceed 15 16 $25,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least quarterly. 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. GSN&T may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), then GSN&T shall not be entitled to reimbursement for mileage and parking fees. 7. GSN &T shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. GSN&T may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 17 18 19 20 21 22 23 24 25 26 27 28 F:\EMPENO\Abdullah\Abdullah.PrfSvcsAgr.wpd 1 . ' ~~ u ~-_. 2005-269 1 Finance Department. 2 8. Status reports will be submitted to CITY through the City Attorney's Office 3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 4 to set reserves, including, without limitation, potential liability exposure and percentage of fault 5 shall be included. 6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 8 in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any ofthe defendants lOin this action shall also be provided to the CITY through the City Attorney's Office. 11 11. Any and all settlements shall require CITY approval. Request for settlement 12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 13 approvals. 14 12. In the event the settlement value of the case appears to exceed $50,000, the City 15 Attorney's Office shall be notified immediately. 16 13. Only John Nolan of GRESHAM, SAVAGE, NOLAN & TILDEN or other senior 1 7 attorney approved by the CITY shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. Final billing shall be accompanied by copies of the Request for Dismissal, 21 Satisfaction of Judgment, Release and any other final documents. 22 17. Either party may terminate this contract at will. GSN&T will continue to represent 2 3 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 24 another attorney. 25 18. GSN&T is an independent contractor as to the CITY. 26 19. GSN&T shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of 28 F:\EMPENO\Abdullah\Abdullah.PrfSvcsAgr.wpd 2 ~T~-lfJfi-:C '.:':;'C!,:;.'- , II I - . . 2005-269 5 California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of GSN&T and all risks to such persons under this Agreement. GSN&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 1 2 3 4 6 Agreement. 7 b) Comprehensive General and Automobile Liability Insurance 8 coverage to include contractual coverage and automobile coverage for owned, hired and non-owned vehicles. The policy shall have at least a combined single limit of $ 1,000,000 for bodily injury and property damage. 9 10 11 c) Professional Liability Insurance with limits of at least $1 ,000,000 12 per claim. In lieu of naming the CITY as an additional insured, the policy may 13 be endorsed as follows: 14 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN 15 BERNARDINO for legal defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents 16 or subcontractors. All other provisions of this policy are to remain unchanged." 1 7 GSN&T shall furnish certificates of insurance and certified copies of all policies 18 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 19 prior to the commencement of performance of services hereunder, which certificates shall provide 20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 21 City Attorney's Office, and shall maintain such insurance from the time GSN&T commences 22 performance of services hereunder until the completion of such services. 23 All policies, with respect to the insurance coverage above required, except for the 24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 2 5 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 26 their employees, agents, volunteers and officers as additional named insured with respect to 27 liabilities arising out of the performance of services hereunder. 28 F:\EMPENO\Abdullah\Abdullah.PrfSvcsAgr.wpd 3 Tr""~'\"<O:""li-~C':i-'F'c,:z=:,:tJ'- ... . .' r cfc- , "'-'T'.J-~.""-_''''_:'.'''-''''-' - ," 2005-269 1 All policies required above are to be primary and non-contributing with any 2 insurance or self-insurance programs carried or administered by the CITY or other parties 3 represented under this Agreement. 4 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 GRESHAM, SAVAGE, NOLAN & TILDEN 5 6 7 DATED:~, 2005 8 9 10 ~c.~~ By: 0 Nolan 11 12 DATED' *-12005 13 14 15 16 17 18 19 20 21 22 23 Approved as to form and legal content: 24 25 26 JAMES F. PENMAN, City Attorney 27 28 ~ fl~, F:\EMPENO\Abdullah\Abdullah,PrfSvcsAgr.wpd 4