HomeMy WebLinkAbout2016-160 I RESOLUTION NO. 2016-160
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL
3 SERVICES AGREEMENT WITH COTA COLE LLP
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5 WHEREAS, on March 2, 2015, the Mayor and Common Council of the City of San
6 Bernardino ("Council") adopted Resolution No. 2015-45 Authorizing the Execution of a
7 Professional Services Agreement between Cota Cole LLP and the City of San Bernardino for Legal
8 Services in cases seeking enforcement of the City's ban on Marijuana Dispensaries;
9 WHEREAS, the City is engaged in ongoing litigation and expects to initiate new litigation
10 requiring additional professional services;
11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
12 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
13 SECTION 1: The City Manager is hereby authorized and directed to execute the First
14 Amendment to the Professional Services Agreement with Cota Cole LLP to provide professional
15 services to enforce the City's ban on Marijuana Dispensaries and increase the amount of the contract
16 to $150,000. A copy of said First Amendment to Professional Services Agreement is attached
17 hereto as Exhibit "A" and incorporated herein by reference.
18 SECTION 2: The authorization to execute the above referenced First Amendment to
19 Professional Services Agreement is rescinded if the parties to the Amendment do not execute it
20 within 60 days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL
2 SERVICES AGREEMENT WITH COTA COLE LLP
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
4 Council of the City of San Bernardino, at a joint regular meeting thereof, held on the I" day of
August, 2016, by the following vote, to wit:
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6 Council Members Ayes Nays Abstain Absent
7 MARQUEZ X
8 BARRIOS X
9 VALDIVIA X
10 SHORETT X
11 NICKEL X
12 RICHARD X
MULVIHILL X
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15 Georgea n Hanna, CIOMC, City Clerk
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The foregoing Resolution is hereby approved this day of August, 2016
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18 L2,
19 R. Carey Davis, ayor
City of San Ber ardino
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22 Approved as to Form:
Gary D. Saenz, City Attorney
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24 By: ��-
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2016-160
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
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THE FIRST AMENDMENT is made and entered into as of August 1 , 2016 by
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and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and COTA COLE
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6 LLP ("Cota Cole"). In consideration of the mutual covenants and conditions set forth herein,
7 the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes:
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a. On March 12, 2015, the City and Cota Cole entered into that certain
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11 agreement entitled "Professional Services Agreement" ("Agreement") for
12 attorneys' fees not to exceed $50,000.
13 b. On December 21, 2015, the Mayor and Common Council authorized an
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increase in the maximum attorneys' fees to $100,000.
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2. Section 3 is hereby amended to increase the maximum attorneys' fees amount to
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17 $150,000.
18 3. Except for the changes specifically set forth herein, all other terms and conditions
19 of the Agreement shall remain in full force and effect.
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2016-160
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
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IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to be
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executed by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, COTA COLE LLP
7 A Municipal Corporation
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9 By:
Mark Scott, City Manager Daniel S. Roberts, Partner
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Approved as to form:
13 Gary D. Saenz, City Attorney
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By:
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2016-160
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
3
THE FIRST AMENDMENT is made and entered into as of August 1 , 2016 by
4
and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and COTA COLE
5
6 LLP ("Cota Cole"). In consideration of the mutual covenants and conditions set forth herein,
7 the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes:
9
a. On March 12, 2015, the City and Cota Cole entered into that certain
10
11 agreement entitled "Professional Services Agreement" ("Agreement") for
12 attorneys' fees not to exceed $50,000.
13 b. On December 21, 2015, the Mayor and Common Council authorized an
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increase in the maximum attorneys' fees to $100,000.
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2. Section 3 is hereby amended to increase the maximum attorneys' fees amount to
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17 $150,000.
18 3. Except for the changes specifically set forth herein, all other terms and conditions
19 of the Agreement shall remain in full force and effect.
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2016-160
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
3
IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to be
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5 executed by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, COTA COLE LLP
7 A Municipal Corporation
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9 All By.
Mark Scott, City Manager Daniel S. Roberts, Partner
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Approved as to form:
13 Gary D. Saenz, City Attorney
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By: CA-Lt��
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