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RESOLUTION (ID # 3766) DOC ID: 3766 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jolena E. Grider M/CC Meeting Date: 04/06/2015
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 Renne Sloan Holtzman
Sakai LLP for Legal Services Related to Charter Issues. (#3766)
Current Business Registration Certificate: Yes
Financial Impact:
There are sufficient funds in our outside attorney budget to cover this Agreement. No
further funds are requested at this time.
Motion: Adopt the Resolution.
Background:
The City of San Bernardino's Strategic Planning Core Team has recommended that a
policy be adopted to help the City function under its current Charter. This firm will
review the recommendation and give the City guidance on what can be done legally.
City Attorney Review:
Supporting Documents:
RSHS Reso (DOC)
agrmt 3766 (PDF)
Updated: 4/2/2015 by Georgeann "Gigi" Hanna A Packet Pg. 50
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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 RENNE SLOAN HOLTZMAN SAKAI LLP FOR
4 LEGAL SERVICES RELATED TO CHARTER ISSUES
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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9 directed to execute on behalf of said City a Professional Services Agreement between Renne
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10 Sloan Holtzman Sakai LLP and the City of San Bernardino for legal services, a copy of which is
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11 attached hereto and incorporated herein as Exhibit "A." v
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12 SECTION 2. The authorization granted by this Resolution shall expire and be void co
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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. 3
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Packet Pg. 51
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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 RENNE SLOAN HOLTZMAN SAKAI LLP FOR
3 LEGAL SERVICES RELATED TO CHARTER ISSUES
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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 meeting thereof, held on the
7 day of , 2015,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ 2
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11 BARRIOS v
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Georgeann Hanna, City Clerk N
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2o The foregoing Resolution is hereby approved this day of , 2015.
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R. Carey Davis, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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By:
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Packet Pg. 52
I PROFESSIONAL SERVICES AGREEMENT
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3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 Renne Sloan Holtzman Sakai LLP (hereinafter "RSHS") are the parties to this Agreement.
5 2. RSHS will be representing the City of San Bernardino on Charter related issues.
6 and any other matter designated by the City Attorney. RSHS shall not represent any client in any
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7 type of claim against the CITY without prior written approval to do so from the CITY OF SAN
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8 BERNARDINO through the City Attorney's Office. N
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9 3. RSHS shall be paid at the hourly rates set forth below: s
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10 Partners- $300-450 per hour; ,0
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I 1 Of Counsel- $265-350 per hour; Cn
12 Senior Counsel- $275-300 per hour; 3
13 Associates - $210-265 per hour; and, a
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14 Law Clerks - $145 per hour. o
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15 The amounts expended under this agreement for attorney fees shall not exceed
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16 $25,000 without further approval of the Mayor and Common Council.
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17 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
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18 each succeeding month.
19 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, w
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20 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
21 RSHS may include a single charge in an amount not to exceed four percent(4%)of attorney fees in
22 lieu of reimbursement for photocopying, telephone charges, and postage.
23 6. If attorney fees are charged"portal to portal" (e.g., from office to court and return),
24 then RSHS shall not be entitled to reimbursement for mileage and parking fees. All portal to
25 portal fees will be from the Burbank Airport to the City if necessary.
26 7. RSHS shall obtain approval from the CITY to retain expert witnesses, consultants,
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Packet Pg. 53
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I and other professionals (not including court reporters)for purposes of the litigation. RSHS may, i
2 it chooses,pay the fees and charges of such consultants and seek reimbursement from the CITY of
3 its periodic statement, or it may forward the consultant's bill to the CITY with a request that thf
4 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
5 CITY'S Finance Department.
6 8. Status reports will be submitted to the CITY through the City Attorney's Officf
7 whenever any significant event occurs, and in any event at least quarterly. Information sufficien
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8 to set reserves, including, without limitation, potential liability exposure and percentage of fault
9 shall be included.
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10 9. Copies of all opinions, pleadings, discovery and motions shall be provided to th( -°
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I 1 City Attorney's Office which may reproduce same and provide copies to other parties or attorney; W
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12 in this or other litigation. 3
13 10. Copies of any correspondence and other documents sent to any of the parties in thi, n.
14 action shall also be provided to the CITY through the City Attorney's Office.
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15 11. Any and all settlements shall require CITY approval. Request for settlemen! a:,
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16 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
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17 approvals.
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18 12. In the event the settlement value of this case appears to exceed $50,000.00 the City E
19 Attorney's Office shall be notified immediately. :°
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20 13, Only Randy Riddle or Jonathan Holtzman or another senior attorney approved by
21 the City shall perform work under this agreement.
22 14. No client development costs are to be included in billings.
23 15. No continuing education expenses are to be included in billings.
24 16. Final billing shall be accompanied by copies of the Request for Dismissal;
25 Satisfaction of Judgment, Release and any other final documents.
26 17. Either party may tenninate this Agreement at will. RSHS will continue to
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1 represent the CITY on the terms and conditions in this Agreement until the case and file are
2 transferred to another attorney.
3 18. RSHS is an independent contractor as to the CITY.
4 19. RSHS shall maintain the following types of insurance with limits as shown:
5 a) Workers Compensation as required by the laws of the State of California,
6 including Employment Liability with $250,000 limits covering all person:
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7 providing service on behalf of RSHS and all risks to such persons under thi;
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8 Agreement. RSHS shall require its Workers Compensation carrier to waive al
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9 rights of subrogation against the CITY and its officers and employees and an)
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10 others for whom services are being provided under this Agreement. w
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11 b) Comprehensive General and Automobile Liability Insurance coverage t(
12 include contractual coverage and automobile coverage for owned, hired an( 3
13 non-owned vehicles. The policy shall have at least a combined single limit a a
14 $1,000,000 for bodily injury and property damage. c
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15 c) Professional Liability Insurance with limits of at least$1,000,000 per claim
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16 In lieu of naming the CITY as an additional insured,the policy may be endorsed a:
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17 follows:
"Insurance coverage afforded by this policy shall also apply
18 to the liability assumed by the Insured under the Agreement with the E
CITY OF SAN BERNARDINO for legal services, provided such
19 liability results from an error, omission or negligent act of the a
insured, its officers, employees, agents, or subcontractors. All a
20 other provisions of this policy are to remain unchanged."
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22 RSHS shall furnish certificates of insurance and certified copies of all policies an(
23 endorsements to the City Attorney's Office evidencing the insurance coverage above require(
24 prior to the commencement of performance of services hereunder, which certificates shall provide
25 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
26 City Attorney's Office, and shall maintain such insurance from the time RSHS commence;
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1 performance of services hereunder until the completion of such services.
2 All policies, with respect to the insurance coverage above required, except for the
3 Workers Compensation insurance coverage and professional liability coverage, if applicable, shat.
4 obtain additional endorsements naming the CITY and all parties represented under thi;
5 Agreement, their employees, agents, volunteers and officers as additional named insureds Witt
6 respect to liabilities arising out of the performance of services hereunder. N
7 All policies required above are to be primary and non-contributing with any insuranc( .2
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8 policies or self-insurance programs carried or administered by the CITY or other parties
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9 represented under this Agreement.
10 20. All communications and billings to the CITY are to be directed as follows: °
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City Attorney's Office
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En
CITY OF SAN BERNARDINO
300 North "D" Street
12 San Bernardino, CA 92418 3
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14 Dated: , 2015 Renne Sloan Holtzman Sakai LLP
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16 By: Charles Sakai E
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19 Dated: 52015 CITY OF SAN BERNARDINO
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21 By: R. Carey Davis,Mayor
22 Approved as to form:
23 Gary D. Saenz, City Attorney
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By:
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