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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 Colantuono & Levin, PC
to advise the City on revenue enhancement ballot measures and
to prepare one or two ballot measures to be placed on the
November 2006 ballot.
Dept: CITY ATTORNEY
Date: August 3, 2006
ORIGINAL
Synopsis of Previous Council Action:
N/A
Recommended motion:
The Mayor and Common Council adopt the resolution.
.:;./~
Signature
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
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Amount: None
Ward:
All
FUNDING REQUIREMENTS:
Source:
Finance:
Committee Notes: Re37. ;)[X:1" -;)l..5:
SDEJed[Gronewald.RCA]
Agenda Item No. N B (
<6 (1./ 0&
to)~Y
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
3 PROFESSIONAL SERVICES AGREEMENT BETWEEN COLANTUONO &
Levin, PC AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY ON
4 REVENUE ENHANCEMENT BALLOT MEASURES AND TO PREPARE ONE
OR TWO BALLOT MEASURES TO BE PLACED ON THE NOVEMBER 2006
5 BALLOT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City a Professional Services
10 Agreement between Colantuono & Levin, PC and the City of San Bernardino for
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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
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void and of no further effect if the agreement is not executed by both parties and
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returned to the Office of the City Clerk within sixty (60) days following the
effective date of the resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
2 PROFESSIONAL SERVICES AGREEMENT BETWEEN COLANTUONO &
Levin, PC AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY ON
3 REVENUE ENHANCEMENT BALLOT MEASURES AND TO PREPARE ONE
OR TWO BALLOT MEASURES TO BE PLACED ON THE NOVEMBER 2006
4 BALLOT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
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the Mayor and Common Council of the City of San Bernardino at a
day of
, 2006, by the
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
,2006.
day of
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to Form:
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. )u<> . t. d.?--t.......~____
es F. Penman, City Attorney
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PROFESSIONAL SERVICES AGREEMENT
FOR PREPARATION OF BALLOT MEASURES
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and
COLANTUONO & LEVIN, P.C. (hereinafter "C&L") are the parties to this
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Agreement which is effective, retroactively, as of July 28, 2006.
2. C&L will be advising the CITY on revenue enhancement ballot
measures and preparing one or two ballot measures to be placed on the
November 2006 ballot. C&L shall not represent any client in any type of claim
adverse to the CITY's interests without prior written approval to do so from the
CITY OF SAN BERNARDINO through the City Attorney's Office.
3. Only Michael G. Colantuono of COLANTUONO & LEVIN, P.C. shall
make all appearances on behalf of C&L at council meetings or other CITY
meetings requiring personal appearance on behalf of the CITY. If this matter
results in any litigation, only Michael G. Colantuono shall make any court
appearances, hearings or other litigation related meetings requiring personal
appearance on behalf of the CITY. Furthermore, Michael G. Colantuono shall
review and approve and be personally responsible for any and all documents
prepared on behalf of the CITY, including but not limited to, opinions,
correspondence, reports or pleadings.
4. C&L shall be paid at the hourly rates set forth below:
Attorneys - $240.00 per hour; and,
The amounts expended under this agreement for attorneys fees
shall not exceed $25,000 without further approval of the Mayor and Common
Council.
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24 5. Bills shall be submitted at least monthly and shall be submitted by
25 the 10th day of each month.
26 6. The actual cost for filing fees, telephone charges, photocopying,
27 postage, lodging, mileage and related travel costs shall be itemized when
28 submitted to the CITY for reimbursement. C&L may include a single charge in an
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amount not to exceed four percent (4%) of fees in lieu of reimbursement for
photocopying, telephone charges, and postage.
7. If attorney's fees are charged "portal to portal" (e.g., from office to
court and return), then C&L shall not be entitled to reimbursement for mileage
and parking fees.
8. C&L shall obtain approval from the CITY to retain expert
consultants and other professionals for purposes of advising the CITY in this
matter. C&L may, if he 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.
9. Copies of any correspondence and other documents in this matter
shall also be provided to the CITY through the City Attorney's Office.
10. No client development costs are to be included in billings.
11. No continuing education expenses are to be included in billings.
12. Either party may terminate this contract at will.
13. C&L is an independent contractor as to the CITY.
14. C&L shall maintain the following types of insurance with limits as
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shown:
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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 C&L and all risks
to such persons under this Agreement. C&L 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 owned, hired and non- owned vehicles. The policy shall have
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at least a combined single limit of $1,000,000 for bodily injury and
property damage.
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c)
Professional Liability Insurance with limits of at least
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$1,000,000 per claim. In lieu of naming the CITY as an additional
insured, the policy may be endorsed as follows:
"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."
C&L shall furnish certificates of insurance and certified copies of all
policies and endorsements to the City Attorney's Office evidencing the insurance
coverage above required prior to the commencement of performance of services
hereunder, which certificates shall provide that such insurance shall not be
terminated or expire without thirty (30) days written notice to the City Attorney's
Office, and shall maintain such insurance from the time C&L commences
performance of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except
for the Workers Compensation insurance coverage and professional liability
coverage, if applicable, shall obtain additional endorsements naming the CITY
and all parties represented under this Agreement, their employees, agents,
volunteers and officers as additional named insured with respect to liabilities
arising out of the performance of services hereunder.
All policies required above are to Qe primary and non-contributing with any
insurance or self-insurance programs carried or administered by the CITY or
other parties represented under this Agreement.
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All communications and billings to the CITY are to be directed as
'0(7...
,2006
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12 Approved as to form:
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JAMES F. PENMAN,
City Attorney
By t""'"' t
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,2006
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
COLANTUONO & LEVIN, P.C.
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By: IC ael Colantuono, President
CITY OF SAN BERNARDINO
By: Patrick J. Morns,
Mayor
I)
t~"),'r~~
F:IMILLlGANIMayorIColanluono & Levin PSA.doc
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes L
>
Change to motion to amend original documents 0
Co
Item # ~
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Resolution #
5000-).7 )
Absent 5"1-- 7
Nays
Abstain
Companion Resolutions
Null/Void After: Lu 0 days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separalely: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Dale Sent to Mayor: 9:,
Date of Mayor's Signature:
Date ofClerklCDC Signature:
Reso. Log Updated:
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Seal Impressed:
Reso. # on Staff Report 0""
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
Request for Council Aclion & 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 No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03