HomeMy WebLinkAbout2006-333
I
RESOLUTION NO. 2006-333
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
3 RUTAN & TUCKER, LLP FOR LEGAL SERVICES REGARDING A CLAIM FOR
UTILITY USER TAX REFUND BY THE CITY OF RIVERSIDE.
4
5
6
7
8
9
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 Rutan & Tucker,
LLP and the City of San Bernardino for legal services regarding a claim for utility user tax refund
by the City of Riverside, a copy of which is attached hereto marked Exhibit" A" and incorporated
10
herein.
11
12
13
14
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 the
City Clerk within sixty (60) days following the effective date of this Resolution.
15
1//
16
1//
17
1//
18
1//
19
1//
20
/1/
21
1//
22
1//
23
1//
24
1//
25
1//
26
1//
27
1//
28
F:\EMPENO\Counci1\RUTAN & TUCKER\Resolution.wpd I
I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
RUTAN & TUCKER, LLP FOR LEGAL SERVICES REGARDING A CLAIM FOR
3 UTILITY USER TAX REFUND BY THE CITY OF RIVERSIDE.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
7 thereof, held on the 18th day of September
;oint regular
meeting
, 2006, by the following vote, to wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 (VACANT)
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18
19
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
Q h.~
RaC~k,City Clerk
20
21
22
23
The foregoing Resolution is hereby approved this 19th day of September ,2006.
Approved as to form:
24
25
J MES F. PENMAN
City Attorney
26
27
28
F:\EMPENO\Council\RUTAN & ruCKER\Resolution,wpd 2
'r" "l~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2006-333
PROFESSIONAL SERVICES AGREEMENT
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
Rutan & Tucker, LLP, 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626-1931 (hereinafter
"RUTAN") are the parties to this Agreement.
2. RUT AN will be advising the CITY related to a claim for a utility user tax refund
filed by the City of Riverside. The CITY consents to RUTAN undertaking matters for any party
whose interests in that matter may be adverse to the CITY, provided that such matters are unrelated
to utility user taxes paid to the City of San Bernardino, and so long as such undertaking does not
involve confidential information which RUT AN gained from its work for the CITY pursuant to this
Agreement.
3. RUT AN shall be paid at the hourly rates set forth below:
Attorneys - Composite rate of$270.00per hour for partners and associates.
Paralegals - Composite rate of$120.00.
The amounts expended under this agreement for attorneys fees shall not exceed
$15,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least on a monthly basis.
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.
RUTAN 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 RUT AN shall not be entitled to reimbursement for mileage and parking fees.
7. RUT AN shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of representing the City pursuant to this
agreement. RUT AN 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
F:\EMPENO\Counci1\RUTAN & TUCKER\Professional Services Agreement.R&T.wpd
1
Exhibit A
'.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2006-333
prior approval ofthe CITY'S Finance Department.
8. Status reports will be submitted to CITY through the City Attorney's Office
whenever any significant event occurs, and in any event at least quarterly.
9. Copies of all opinions shall be provided to the City Attorney's Office.
10. The legal services provided under this Agreement shall be performed by Joel
Kuperberg or Philip Kohn of RUT AN & TUCKER, LLP, or other attorneys or paralegals working
under their supervision.
II. No client development costs are to be included in billings.
12. No continuing education expenses are to be included in billings.
13. Either RUTAN or the CITY may terminate this contract at will. RUTAN will
continue to represent the CITY on the terms and conditions in this Agreement until the file is
transferred to another attorney.
14. RUTAN is an independent contractor as to the CITY.
15. RUT AN 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
persons providing service on behalf of RUT AN and all risks to such persons
under this Agreement. RUT AN 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.
b) Comprehensive General and Automobile Liability Insurance
coverage to include contractual coverage and automobile coverage for vehicles
owned by Rutan, if any. The policy shall have at least a combined single limit
of $1 ,000,000 for bodily injury and property damage.
c) Professional Liability Insurance with limits of at least $1,000,000
per claim. In lieu of naming the CITY as an additional insured, the policy may
F:\EMPENO\Council\RUTAN & TUCKER\Professional Services Agreement.R&T.wpd
2
Exhibit A
'"
2006-333
1 be endorsed as follows:
2 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
3 BERNARDINO for legal services, provided such liability results from an error,
omission or negligent act of the insured, its officers, employees, agents or
4 subcontractors. All other provisions of this policy are to remain unchanged."
5 RUT AN shall furnish certificates of insurance and certified copies of all policies
6 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
7 prior to the commencement of performance of services hereunder, which certificates shall provide
8 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
9 City Attorney's Office, and shall maintain such insurance from the time RUT AN commences
10 performance of services hereunder until the completion of such services.
11 All policies, with respect to the insurance coverage above required, except for the
12 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
13 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
14 their employees, agents, volunteers and officers as additional named insured with respect to
15 liabilities arising out of the performance of services hereunder.
16 All policies required above are to be primary and non-contributing with any
17 insurance or self-insurance programs carried or administered by the CITY or other parties
18 represented under this Agreement.
19
16.
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
20
21
22
23
17. RUT AN has made no representations, promises, warranties or guarantees to CITY,
24
expressed or implied, regarding the outcome of CITY' S matter, and nothing in this Agreement shall
25
be construed as such a representation, promise, warranty or guarantee.
26
II
II
27
28
F:\EMPENO\Council\RUTAN & TUCKER\Professional Services Agreement.R&T.wpd
3
Exhibit A
."" .1,.
16
17
18
19
20
21
22
23
24
25
26
27
28
"
2006-333
1 II
2 II
3
18.
This Agreement represents the entire understanding of CITY and RUT AN as to
4 those matters contained herein. No prior oral or written understanding shall be of any force or
5 effect with respect to those matters covered by this Agreement. This Agreement may not be
6 modified, altered or amended except in writing by CITY and RUTAN.
7
9h(
I
DATED:
,2006
8
9
10
DATED:~,2006
TY OF SAN BERNARDINO
11
12
~~
13
14
Approved as to form:
15 JAMES F. PENMAN,
City Attorney
F:\EMPENO\Counci1\RUTAN & TUCKER\Professional Services Agreement.R&T.wpd
4
Exhibi t A