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HomeMy WebLinkAbout2015-045 1 RESOLUTION NO. 2015-45 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL 4 SERVICES AGREEMENT WITH COTA COLE LLP FOR LEGAL SERVICES 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City a Professional Services Agreement between Cota Cole 10 LLP and the City of San Bernardino for legal services, a copy of which is attached hereto and 11 incorporated herein as Exhibit "A." 12 SECTION 2. The authorization granted by this Resolution shall expire and be void 13 and of no further effect if the agreement is not executed by both parties and returned to the Office 14 of the City Clerk within sixty(60) days following the effective date of this Resolution. 15 16 17 18 19 20 21 22 23 /// 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL 2 SERVICES AGREEMENT WITH COTA COLE LLP FOR LEGAL SERVICES 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5 6 2nd day of March, 2015,by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 BARRIOS X 10 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 16 MULVIHILL X 17 George a Hanna, Clerk 18 The foregoing Resolution is hereby approved this_ 6 day of March, 2 5. 19 20 21 R. Carey Dav 1 Mayor 22 City of San Bernardino Approved as to form: 23 Gary D. Saenz, City Attorney 24 By: 25 26 27 28 2 2015-45 1 PROFESSIONAL SERVICES AGREEMENT 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 Cota Cole LLP (hereinafter "Cota Cole") are the parties to this Agreement. 5 2. COTA COLE will be representing the CITY OF SAN BERNARDINO in cases 6 seeking enforcement of the CITYs ban on marijuana dispensaries. COTA COLE shall not 7 represent any client in any type of claim against the CITY without prior written approval to do so 8 from the CITY OF SAN BERNARDINO through the City Attorney's Office. 9 3. COTA COLE shall be paid at the hourly rate of$195.00 per hour. 10 The amounts expended under this agreement for attorneys fees shall not exceed 11 $50,000 without further approval of the Mayor and Common Council. 12 4. Bills shall be submitted at least on a monthly basis and no later than the 5t" day 13 of each succeeding month. 14 5. The actual cost for filing fees, telephone charges, photocopying, postage, 15 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for 16 reimbursement. COTA COLE may include a single charge in an amount not to exceed four 17 percent (4%) of fees in lieu of reimbursement for photocopying,telephone charges, and postage. 18 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 19 return), then COTA COLE shall not be entitled to reimbursement for mileage and parking fees. 20 7. COTA COLE shall obtain approval from the CITY to retain expert consultants 21 and other professionals (not including court reporters) for purposes of the litigation. COTA 22 COLE may, if it chooses, pay the fees and charges of such consultants and seek reimbursement 23 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a 24 request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior 25 approval of the CITY'S Finance Department. 26 8. Status reports will be submitted to CITY through the City Attorney's Office 27 whenever any significant event occurs, and in any event at least quarterly. Information 28 2015-45 1 sufficient to set reserves, including, without limitation, potential liability exposure and 2 percentage of fault shall be included. 3 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the 4 City Attorney's Office which may reproduce same and provide copies to other parties or 5 attorneys. 6 10. Copies of any correspondence and other documents sent to any of the other 7 parties in an action shall also be provided to the CITY through the City Attorney's Office. 8 11. Any and all settlements shall require CITY approval. Request for settlement 9 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 10 approvals. 11 12. The City Attorney shall be listed as co-counsel for the City in all actions under 12 this Agreement. 13 13. Only Laura Crane of COTA COLE LLP or other senior attorney approved by the 14 CITY shall appear in an action. 15 14. No client development costs are to be included in billings. 16 15. No continuing education expenses are to be included in billings. 17 16. Final billing shall be accompanied by copies of the Request for Dismissal, 18 Satisfaction of Judgment, Release and any other final documents. 19 17. Either party may terminate this contract at will. COTA COLE will continue to 20 represent the CITY on the terms and conditions in this Agreement until any active cases and files 21 are transferred to another attorney. 22 18. COTA COLE is an independent contractor as to the CITY. 23 19. COTA COLE shall maintain the following types of insurance with limits as 24 shown: 25 a) Workers Compensation as required by the laws of the State of 26 California, including Employment Liability with $250,000 limits covering all 27 persons providing service on behalf of COTA COLE and all risks to such 28 2015-45 1 persons under this Agreement. COTA COLE shall require its Workers 2 Compensation carrier to waive all rights of subrogation against the CITY and 3 its officers and employees and any others for whom services are being 4 provided under this Agreement. 5 b) Comprehensive General and Automobile Liability Insurance 6 coverage to include contractual coverage and automobile coverage for owned, 7 hired and non-owned vehicles. The policy shall have at least a combined 8 single limit of$1,000,000 for bodily injury and property damage. 9 c) Professional Liability Insurance with limits of at least 10 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 11 the policy may be endorsed as follows: 12 "Insurance coverage afforded by this policy shall also apply to the 13 liability assumed by the Insured under the Agreement with the CITY OF SAN 14 BERNARDINO for legal services, provided such liability results from an 15 error, omission or negligent act of the insured, its officers, employees, agents 16 or subcontractors. All other provisions of this policy are to remain 17 unchanged." 18 COTA COLE shall furnish certificates of insurance and certified copies of all 19 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above 20 required prior to the commencement of performance of services hereunder, which certificates 21 shall provide that such insurance shall not be terminated or expire without thirty(30)days written 22 notice to the City Attorney's Office, and shall maintain such insurance from the time COTA 23 COLE commences performance of services hereunder until the completion of such services. 24 All policies, with respect to the insurance coverage above required, except for 25 the Workers Compensation insurance coverage and professional liability coverage, if applicable, 26 shall obtain additional endorsements naming the CITY and all parties represented under this 27 Agreement, their employees, agents, volunteers and officers as additional named insured with 28 2015-45 1 respect to liabilities arising out of the performance of services hereunder. 2 All policies required above are to be primary and non-contributing with any 3 insurance or self-insurance programs carried or administered by the CITY or other parties 4 represented under this Agreement. 5 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office 6 CITY OF SAN BERNARDINO 300 North "D" Street 7 San Bernardino, CA 92418 8 DATED: March_, 2015 COTA COLE LLP 9 10 11 By: Laura Crane 12 13 DATED: March , 2015 CITY OF SAN BERNA INO 14 / Ci 15 / -� '� 1✓ By: R. Carey avis, Mayor 16 17 18 19 Approved as to form: 20 Gary D. Saenz, City Attorney 21 22 By. 23 24 25 26 27 28 2015-45 1 PROFESSIONAL SERVICES AGREEMENT 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 Cota Cole LLP (hereinafter "Cota Cole") are the parties to this Agreement. 5 2. COTA COLE will be representing the CITY OF SAN BERNARDINO in cases 6 seeking enforcement of the CITYs ban on marijuana dispensaries. COTA COLE shall not 7 represent any client in any type of claim against the CITY without prior written approval to do so 8 from the CITY OF SAN BERNARDINO through the City Attorney's Office. 9 3. COTA COLE shall be paid at the hourly rate of$195.00 per hour. 10 The amounts expended under this agreement for attorneys fees shall not exceed 11 $50,000 without further approval of the Mayor and Common Council. 12 4. Bills shall be submitted at least on a monthly basis and no later than the 5t" day 13 of each succeeding month. 14 5. The actual cost for filing fees, telephone charges, photocopying, postage, 15 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for 16 reimbursement. COTA COLE may include a single charge in an amount not to exceed four 17 percent(4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 18 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 19 return), then COTA COLE shall not be entitled to reimbursement for mileage and parking fees. 20 7. COTA COLE shall obtain approval from the CITY to retain expert consultants 21 and other professionals (not including court reporters) for purposes of the litigation. COTA 22 COLE may, if it chooses, pay the fees and charges of such consultants and seek reimbursement 23 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a 24 request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior 25 approval of the CITY'S Finance Department. 26 8. Status reports will be submitted to CITY through the City Attorney's Office 27 whenever any significant event occurs, and in any event at least quarterly. Information 28 2015-45 1 sufficient to set reserves, including, without limitation, potential liability exposure and 2 percentage of fault shall be included. 3 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the 4 City Attorney's Office which may reproduce same and provide copies to other parties or 5 attorneys. 6 10. Copies of any correspondence and other documents sent to any of the other 7 parties in an action shall also be provided to the CITY through the City Attorney's Office. 8 11. Any and all settlements shall require CITY approval. Request for settlement 9 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 10 approvals. 11 12. The City Attorney shall be listed as co-counsel for the City in all actions under 12 this Agreement. 13 13. Only Laura Crane of COTA COLE LLP or other senior attorney approved by the 14 CITY shall appear in an action. 15 14. No client development costs are to be included in billings. 16 15. No continuing education expenses are to be included in billings. 17 16. Final billing shall be accompanied by copies of the Request for Dismissal, 18 Satisfaction of Judgment, Release and any other final documents. 19 17. Either party may terminate this contract at will. COTA COLE will continue to 20 represent the CITY on the terms and conditions in this Agreement until any active cases and files 21 are transferred to another attorney. 22 18. COTA COLE is an independent contractor as to the CITY. 23 19. COTA COLE shall maintain the following types of insurance with limits as 24 shown: 25 a) Workers Compensation as required by the laws of the State of 26 California, including Employment Liability with $250,000 limits covering all 27 persons providing service on behalf of COTA COLE and all risks to such 28 2015-45 1 persons under this Agreement. COTA COLE shall require its Workers 2 Compensation carrier to waive all rights of subrogation against the CITY and 3 its officers and employees and any others for whom services are being 4 provided under this Agreement. 5 b) Comprehensive General and Automobile Liability Insurance 6 coverage to include contractual coverage and automobile coverage for owned, 7 hired and non-owned vehicles. The policy shall have at least a combined 8 single limit of$1,000,000 for bodily injury and property damage. 9 c) Professional Liability Insurance with limits of at least 10 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 11 the policy may be endorsed as follows: 12 "Insurance coverage afforded by this policy shall also apply to the 13 liability assumed by the Insured under the Agreement with the CITY OF SAN 14 BERNARDINO for legal services, provided such liability results from an 15 error, omission or negligent act of the insured, its officers, employees, agents 16 or subcontractors. All other provisions of this policy are to remain 17 unchanged." 18 COTA COLE shall furnish certificates of insurance and certified copies of all 19 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above 20 required prior to the commencement of performance of services hereunder, which certificates 21 shall provide that such insurance shall not be terminated or expire without thirty(30)days written 22 notice to the City Attorney's Office, and shall maintain such insurance from the time COTA 23 COLE commences performance of services hereunder until the completion of such services. 24 All policies, with respect to the insurance coverage above required, except for 25 the Workers Compensation insurance coverage and professional liability coverage, if applicable, 26 shall obtain additional endorsements naming the CITY and all parties represented under this 27 Agreement, their employees, agents, volunteers and officers as additional named insured with 28 2015-45 1 respect to liabilities arising out of the performance of services hereunder. 2 All policies required above are to be primary and non-contributing with any 3 insurance or self-insurance programs carried or administered by the CITY or other parties 4 represented under this Agreement. 5 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office 6 CITY OF SAN BERNARDINO 300 North "D" Street 7 San Bernardino, CA 92418 8 DATED: March, 2015 COTA COLE LLP 9 10 11 : Laura Crane 12 13 DATED: March , 2015 CITY OF SAN BERNA 1NO 14 15 By: R. Carey avis, Mayor 16 17 18 19 Approved as to form: 20 Gary D. Saenz, City Attorney 21 22 By. 23 24 25 26 27 28