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RESOLUTION (ID # 3867) DOC ID: 3867
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jolena E. Grider M/CC Meeting Date: 06/01/2015
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 Execution of a Professional Services Agreement with Hanson Bridgett LLP for Legal
Services Relating to Contracting Out City Services. (#3867)
Current Business Registration Certificate: Yes
Financial Impact:
This Agreement will be covered by the budget for bankruptcy services.
Motion: Adopt the Resolution.
Background:
The City Attorney is requesting that the Mayor and Common Council retain the firm of
Hanson Bridgett LLP to assist in providing legal advice to the City during the process of
contracting out certain City services.
City Attorney Review:
Supporting Documents:
Hanson Bridgett LLP PSA (DOC)
agrmt 3867 (PDF)
Updated: 5/28/2015 by Georgeann "Gigi" Hanna Packet Pg. 22
kwe 1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT WITH HANSON BRIDGETT LLP FOR LEGAL SERVICES RELATING
4 TO CONTRACTING OUT CITY SERVICES.
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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
9 directed to execute on behalf of said City a Professional Services Agreement between Hanson m
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10 Bridgett LLP and the City of San Bernardino for legal services, a copy of which is attached
11 hereto and incorporated herein as Exhibit "A."
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12 SECTION 2. The authorization granted by this Resolution shall expire and be void a
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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. 00
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5.C.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT WITH HANSON BRIDGETT LLP FOR LEGAL SERVICES RELATING
3 TO CONTRACTING OUT CITY SERVICES.
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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:
a Council Members: AYES NAYS ABSTAIN ABSENT a
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12 VALDIVIA Q
13 SHORETT
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16 JOHNSON
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19 Georgeann Hanna, City Clerk 0
2o The foregoing Resolution is hereby approved this day of 12015.
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R. Carey Davis, Mayor Q
23 City of San Bernardino
Approved as to form:
2 4 Gary D. Saenz, City Attorney
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26 By:
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1 PROFESSIONAL SERVICES AGREEMENT
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4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm o
5 HANSON BRIDGETT LLP (hereinafter "HB") are the parties to this Agreement.
6 2. Steven D. Miller will be representing the following entities and persons in thi;
7 matter: CITY OF SAN BERNARDINO, GARY SAENZ, CITY ATTORNEY, and any other
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8 designated officer or employee of the CITY. HB shall not represent any client in any type of :,2
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9 claim against the CITY without prior written approval to do so from the CITY OF SAID o
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10 BERNARDINO through the City Attorney's Office.
11 3. HB shall be paid at the hourly rates set forth below:
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12 Attorneys—$315.00 - $425.00 per hour, based on experience and expertise. a
13 The amounts expended under this agreement for attorney fees shall not exceed
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14 $35,000 without further approval of the Mayor and Common Council. ti
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15 4. Bills shall be submitted at least on a monthly basis and no later than the 15'h day of n
16 each succeeding month.
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17 5. The actual cost for telephone charges,photocopying,postage, lodging,mileage and E
18 related travel costs shall be itemized when submitted to the CITY for reimbursement. HB may
19 include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu of
20 reimbursement for photocopying,telephone charges, and postage.
21 6. No client development costs are to be included in billings.
22 7. No continuing education expenses are to be included in billings.
23 8. Either party may terminate this Agreement at will. HB will continue to represent
24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
25 another attorney.
26 9. HB is an independent contractor as to the CITY.
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5.C.b
1 10. HB shall maintain the following types of insurance with limits as shown:
2 a) Workers Compensation as required by the laws of the State of California,
3 including Employment Liability with $250,000 limits covering all persons providing service or
4 behalf of HB and all risks to such persons under this Agreement. HB shall require its Worker.
5 Compensation carrier to waive all rights of subrogation against the CITY and its officers anc
6 employees and any others for whom services are being provided under this Agreement.
7 b) Comprehensive General and Automobile Liability Insurance coverage to
8 include contractual coverage and automobile coverage for owned, hired and non-owned vehicles. a
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9 The policy shall have at least a combined single limit of$1,000,000 for bodily injury and property o
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10 damage.
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11 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. 3
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12 HB shall furnish certificates of insurance and certified copies of all policies and endorsements to a
13 the City Attorney's Office evidencing the insurance coverage above required prior to the
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14 commencement of performance of services hereunder, which certificates shall provide that such �
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15 insurance shall not be terminated or expire without thirty (30) days written notice to the City E
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16 Attorney's Office,and shall maintain such insurance from the time HB commences performance of
17 services hereunder until the completion of such services.
18 All policies, with respect to the insurance coverage above required, except for the B
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19 Workers Compensation insurance coverage and professional liability coverage,if applicable,shall
20 obtain additional endorsements naming the CITY and all parties represented under this
21 Agreement, their employees, agents, volunteers and officers as additional named insureds with
22 respect to liabilities arising out of the performance of services hereunder.
23 All policies required above are to be primary and non-contributing with any insurance
24 policies or self-insurance programs carried or administered by the CITY or other parties
25 represented under this Agreement.
26 11. All communications and billings to the CITY are to be directed as follows:
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5.C.b
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City Attorney's Office
2 CITY OF SAN BERNARDINO
300 North "D" Street
3 San Bernardino, CA 92418
4 12. The HB "Billing and Policy Summary" is attached to this Agreement and
5 incorporated by this reference.
6 Dated: , 2015 HANSON BRIDGETT LLP
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8 By: STEVEN D. MILLER '
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11 Dated: , 2015 CITY OF SAN BERNARDINO 3
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13 By: R. Carey Davis,Mayor 00
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Approved as to form: 0
16 Gary D. Saenz, City Attorney CU
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18 By:
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