HomeMy WebLinkAbout09-City Attorney
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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: 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 in the case of Deanna Helena Petrovna
Adams v. City of San Bernardino. a California
Municipality, San Bernardino Valley Municipal Water
District, a Public Entity, et al. - San Bernardino
Superior Court Case No. SCVSS 126708
Dept: CITY ATTORNEY
Date: June 13,2005
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of John Nolan of Gresham, Savage. Nolan & Tilden to represent the
City in the subject court action.
Recommended motion:
Adopt Resolution.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
4- ~DO)-(~~
Agenda Item No.
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STAFF REPORT
Council Meeting Date: Mav 16. 2005
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 13, 2005
AGENDA ITEM: Professional Services Agreement between the Oty of San Bernardino and the
law firm of Gresham, Savage, Nolan & Tilden to represent the City of San
Bernardino in the case of Deanna Helena Petrovna Adams v. City of San
Bernardino, a Californill Municipality, San Bernardino Valley Municipal Water
District, a Public Entity, et al. . San Bernardino Superior Court Case No.
SCVSS 126708
The Mayor and Common Council approved 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 $25,000 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.
That the Mayor of the City of San Bernardino is hereby authorized and directed to execute
on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of
Gresham, Savage, Nolan & Tilden to represent the City in the case of Deanna Helena Petrovna
Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal
Water District, a Public Entity, et al. - San Bernardino Superior Court Case No. SCVSS 126708.
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IlliSOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN GRESHAM, SA V AGE, NOLAN & TILDEN AND
THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF
Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San
Bernardino Valley Municipal Water District, a Public Entity. San Bernardino Superior Court
Case No. SCVSS 126708
t(O)~r
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Gresham, Savage,
10 Nolan & Tilden and the City of San Bernardino for legal services, a copy of which is attached
11 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
12 length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
o 14 further effect if the agreement is not executed by both parties and returned to the office of City
15 Clerk within sixty (60) days following effective date of the resolution.
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 /II
25 III
26 III
0 27 /II
28 /II
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7 thereof, held on the day of
8 COUNCIL MEMBERS: AYES NAYS
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
0 14 JOHNSON
15 MCCAMMACK
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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, SA V AGE, NOLAN & TILDEN AND
THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF
Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San
Bernardino Valley Municipal Water District, a Public Entity - San Bernardino Superior Court
Case No. SCVSS 126708
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
, 2005, by the following vote, to wit:
ABSTAIN ABSENT
CITY CLERK
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day of
,2005.
The foregoing Resolution is hereby approved this
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
24 legal content:
25
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1
PROFESSIONAL SERVICES AGREEMENT
2 Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality,
San Bernardino Valley Municipal Water District, a Public Entity, et al.
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5
GRESHAM, SA V AGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this
Agreement.
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2, GSN&T will be representing the following entities and persons in this litigation:
8
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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 - $230.00 per hour; and,
Law Clerks/Paralegals - $65,00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$25,000 without further approval of the Mayor and Common Council.
4, Bills shall be submitted at least quarterly.
17
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
18
19
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
Finance Department.
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1 8. Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage of fault
4 shall be included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants
9 in this action shall also be provided to the CITY through the City Attorney's Office.
10 II. Any and all settlements shall require CITY approval. Request for settlement
11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
12 approvals.
13 12. In the event the settlement value of the case appears to exceed $50,000, the City
14 Attorney's Office shall be notified immediately.
15 13. Only John Nolan of GRESHAM, SAVAGE, NOLAN & TILDEN or other senior
16 attorney approved by the CITY shall try this case.
17 14. No client development costs are to be included in billings.
18 15. No continuing education expenses are to be included in billings.
19 16. Final billing shall be accompanied by copies of the Request for Dismissal,
20 Satisfaction of Judgment, Release and any other final documents.
21 17. Either party may terminate this contract at will. GSN&T will continue to represent
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another attorney.
24 18. GSN&T is an independent contractor as to the CITY.
25 19. GSN&T shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State of
27 California, including Employment Liability with $250,000 limits covering all
28
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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
2
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to waive all rights of subrogation against the CITY and its officers and
4
employees and any others for whom services are being provided under this
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Agreement.
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b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
8
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
Professional Liability Insurance with limits of at least $1 ,000,000
c)
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per claim. In lieu of naming the CITY as an additional insured, the policy may
12
be endorsed as follows:
13
"Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
or subcontractors. All other provisions of this policy are to remain unchanged."
14
15
16 GSN&T shall furnish certificates of insurance and certified copies of all policies
1 7 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
18 prior to the commencement of performance of services hereunder, which certificates shall provide
19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
20 City Attorney's Office, and shall maintain such insurance from the time GSN&T commences
21 performance of services hereunder until the completion of such services.
22 All policies, with respect to the insurance coverage above required, except for the
23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
24 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
25 their employees, agents, volunteers and officers as additional named insured with respect to
26
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liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any
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insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
3
20.
All communications and billings to the CITY are to be directed as follows:
4
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DATED:
,2005
GRESHAM, SA V AGE, NOLAN & TILDEN
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By: John Nolan
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DATED:
,2005
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
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o PROFESSIONAL SERVICES AGREEMENT
2 Deanna Helena Petrovna Adams v. City of San Bernardino, a California lI.lunicipality,
San Bernardino Valley Municipal Water District, a Public Entity, et al.
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3
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L The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
GRESHAM, SAVAGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this
5
Agreement.
6
')
GSN&T will be representing the following entities and persons in this litigation:
7
8
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 Attomey's Office.
3. GSN&T shall be paid at the hourly rates set forth below:
Attorneys - $230.00 per hour; and,
Law Clerks/Paralegals - $65.00 per hour.
9
10
11
12
13
14
The amounts expended under this agreement for attorneys fees shall not exceed
15
$2'),000 without further approval of the Mayor and Common CounciL
16
4. Bills shall be submitted at least quarterly.
17
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodgi ng,
18
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19
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 attomey'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
Finance Department.
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8.
Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage of fault
4 shall be included.
5
9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's OffIce which rday reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8
10.
Copies of any cOITespondence and other documents sent to any of the defendants
9 in this action shall also be provided to the CITY through the City Attorney's Office.
10
II.
Any and all settlements shall require CITY approval. Request for settlement
11 authority shall be made through the City Atlomey's Office which shall obtain the necessary CITY
12 approvals.
13
12. In the event the settlement value of the case appears to exceed $50,000, the Cily
14
Attorney's Office shall be notified immediately.
15
13.
Only John Nolan of GRESHAM, SA V AGE, NOLAN & TILDEN or other senior
16 attomey approved by the CITY shall try this case.
18
19
17
16.
14.
No client development costs are to be included in bi Ilings.
15.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of the Request for Dismissal,
21
20 Satisfaction of Judgment, Release and any other final documents.
17.
Either party may tem1inate this contract at will. GSN&T wi II continue to represent
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another attorney.
24
25
26
27
28
18.
19.
GSN&T is an independent contractor as to the CITY.
GSN&T shall maintain the following types of insurance with limits as shown:
a)
Workers Compensation as required by the laws of the State of
California, including Employment Liability with $250,000 limits covering all
RLS/JS r AdamsPrfSvcsAgr]
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persons providing service on behalf of GSN&T and all risks to such persons
2
under this Agreement. GSN&T shaJI require its Workers Compensation carner
3
to waive all rights of subrogation against the CITY and its officers and
4
employees and any others for whom services are being provided under this
5
Agreement.
6
b)
Comprehensive General and Automobile l.iability Insurance
7
coverage to include contractual coverage and automobile coverage for owned,
8
hired and non-owned vehicles, The policy shall have at least a combined single
9
limit of $1 ,000,000 for bodily injury and property damage.
10
c)
Professional Liability Insurance with limits of at least $1 ,000,000
11
per claim. In lieu of naming the CITY as an additional insured, the policy may
12
be endorsed as follows:
1 '1
~-'
"Insurance coverage afforded by this policy shaJI also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
BERNARDINO for legal defense services, provided such liability results from
an enor, omission or negligent act of the insured, its officers, employees, agents
or subcontractors. All other provisions of this policy are to remain unchanged."
14
15
16 GSN&T shall furnish certificates of insurance and ce11ified copies of all policies
17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
18 prior to the commencement of performance of services hereunder, which certificates shall provide
19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
20 City Attomey's Office, and shall maintain such insurance from the time GSN&T commences
21 performance of services hereunder until the completion of such services.
22 All policies, with respect to the insurance coverage above required, except for the
23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
24 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
25 their employees, agents, volunteers and officers as additional named insured with respect to
26
27
28
liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any
RLSIJs [Adams PrfSvcsAgr]
3
Exhibit "A"
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insurance or self-insurance programs caITied or administered by the CITY or other p3I1ies
2 represented under this Agreement
18
19
20
21
3
20_
A11 communications and billings to the CrTY are to be directed as follows:
4
5
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DA TED:
,2005
7
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DATED:
,2005
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22 Approved as to form and
legal content:
23
JAMES F PENMAN,
24 City Attorney
25
26 By:
27
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City Attomey's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San BcmalJino, CA 92418
GRESHAM, SA V AGE, NOLAN & TILDEN
By: John Nolan
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
RLS/Js [Adams PrfSvcsAgr]
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