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RESOLUTION (ID # 3736) DOC ID: 3736
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jolena E. Grider M/CC Meeting Date: 03/02/2015
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Mayor to Execute a Professional Services Agreement with Cota Cole LLP for Legal
Services. (#3736)
Current Business Registration Certificate: Yes
Financial Impact:
There are sufficient funds to cover this agreement in account#5502
Motion: Adopt the Resolution.
Background:
The City Attorney's Office would like to retain the services of the law firm Cota Cole LLP
to perform legal work regarding Medical Marijuana Dispensaries. Cota Cole LLP has
experience representing other local municipalities in nuisance abatement actions
ti against Medical Marijuana Dispensaries that are operating in violation of those cities'
codes.
Due to the automatic stay that is in effect, there are sufficient funds already budgeted
for outside attorneys in the City Attorney budget and this action does not require any
additional money to be added to the City Attorney 2014/15 budget.
City Attorney Review:
Supporting Documents:
Cota Cole Reso (DOC)
Cota Cole PSA (DOCX)
Updated: 2/25/2015 by Georgeann "Gigi" Hanna Packet Pg. 9
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
3 SERVICES AGREEMENT WITH COTA COLE LLP FOR LEGAL SERVICES
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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8 directed to execute on behalf of said City a Professional Services Agreement between Cota Cole
9 LLP and the City of San Bernardino for legal services, a copy of which is attached hereto and
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10 incorporated herein as Exhibit "A."
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SECTION 2. The authorization granted by this Resolution shall expire and be void d
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and of no further effect if the agreement is not executed by both parties and returned to the Office
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of the City Clerk within sixty(60) days following the effective date of this Resolution. v
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Packet Pg. 10
5.B.a
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
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of , 2015, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT y
8 MARQUEZ
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BARRIOS o
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11 VALDIVIA c
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12 SHORETT 0
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13 NICKEL v
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JOHNSON 3
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MULVIHILL
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Georgeann Hanna, City Clerk
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19 The foregoing Resolution is hereby approved this day of , 2015. 0
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R. Carey Davis, Mayor
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22 City of San Bernardino
Approved as to form: 2
23 Gary D. Saenz, City Attorney a
24 By:
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Packet Pg. 11
1 PROFESSIONAL SERVICES AGREEMENT
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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
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6 seeking enforcement of the CITYs ban on marijuana dispensaries. COTA COLE shall not •2
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. ,o
10 The amounts expended under this agreement for attorneys fees shall not exceed 0
11 $50,000 without further approval of the Mayor and Common Council. 0
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12 4. Bills shall be submitted at least on a monthly basis and no later than the 51h day R.
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13 of each succeeding month. a
14 5. The actual cost for filing fees, telephone charges, photocopying, postage, ti
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15 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for a
16 reimbursement. COTA COLE may include a single charge in an amount not to exceed four w
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17 percent (4%) of fees in lieu of reimbursement for photocopying,telephone charges, and postage. m
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18 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
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19 return), then COTA COLE shall not be entitled to reimbursement for mileage and parking fees. E
20 7. COTA COLE shall obtain approval from the CITY to retain expert consultants Q
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
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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.
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6 10. Copies of any correspondence and other documents sent to any of the other 2
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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 2
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9 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY o
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10 approvals. 0
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11 12. The City Attorney shall be listed as co-counsel for the City in all actions under �°�
12 this Agreement. 3
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13 13. Only Laura Crane of COTA COLE LLP or other senior attorney approved by the
14 CITY shall appear in an action.
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15 14. No client development costs are to be included in billings. a
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16 15. No continuing education expenses are to be included in billings. d
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17 16. Final billing shall be accompanied by copies of the Request for Dismissal, m
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18 Satisfaction of Judgment, Release and any other final documents. U
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19 17. Either party may terminate this contract at will. COTA COLE will continue to E
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20 represent the CITY on the terms and conditions in this Agreement until any active cases and files a
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
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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
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6 coverage to include contractual coverage and automobile coverage for owned,
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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 ,0
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10 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, v
11 the policy may be endorsed as follows: 0
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12 "Insurance coverage afforded by this policy shall also apply to the 3
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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
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15 error, omission or negligent act of the insured, its officers, employees, agents a
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16 or subcontractors. All other provisions of this policy are to remain d
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17 unchanged."
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18 COTA COLE shall furnish certificates of insurance and certified copies of all U
19 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above E
20 required prior to the commencement of performance of services hereunder, which certificates a
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 re arties resented under this
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27 Agreement, their employees, agents, volunteers and officers as additional named insured with
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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 o
6 CITY OF SAN BERNARDINO
300 North "D" Street
7 San Bernardino, CA 92418
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9 DATED: March , 2015 COTA COLE LLP o
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11 By: Laura Crane v
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13 DATED: March , 2015 CITY OF SAN BERNARDINO a
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16 By: R. Carey Davis, Mayor .
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Approved as to form:
20 Gary D. Saenz, City Attorney a
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22 By:
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