HomeMy WebLinkAbout2016-180 1
RESOLUTION NO. 2016-180
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
4 COTA COLE LLP.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute the
9 Professional Services Agreement with Cota Cole LLP to provide professional services in
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Superior Court Case No. CIVDS 1613014 Californians for Responsible Government, et al. v.
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12 City of San Bernardino, et al. A copy of said Professional Services Agreement is attached hereto
13 as Exhibit"A" and incorporated herein by reference.
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14 SECTION 2. The authorization to execute the above referenced Professional Services
15 Agreement is rescinded if the Parties to the Agreement do not execute it within 60 days and
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return it to the Office of the City Clerk.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
2 COTA COLE LLP.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6th
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day of September, 2016, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10 BARRIOS X-
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VALDIVIA X
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13 SHORETT X
14 NICKEL X-
15 RICHARD X
16 MULVIHILL X
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18 Georgeaffn Hanna, C04C, City Clerk
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The foregoing Resolution is hereby approved this day of September, 2016.
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21 (.
22 R. Carey Daeernardino Mayor
City of San
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By:
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�► 2016-180
1 PROFESSIONAL SERVICE AGREEMENT
2 1. The CITY OF SAN BERNARDINO(hereinafter"CITY")and the law firm of Cota
3 Cole, LLP (hereinafter"Cota Cole") are the parties to this Agreement.
4 2. COTA COLE will be representing the CITY OF SAN BERNARDINO in Californians
5 for Responsible Government,et al.,v. City of San Bernardino,et al.,San Bernardino Superior Court
6 Case No. CIVDS 1613014. COTA COLE shall not represent any client in any type of claim against
7 the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through
8 the City Attorney's Office.
9 3. COTA COLE shall be paid at the hourly rate of $195.00 per hour. The amount
10 expended under this agreement for attorneys fees shall not exceed$25,000 without further approval
11 of the Mayor and Common Council.
12 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
13 each succeeding month.
14 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
15 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
16 COTA COLE may include a single charge in an amount not to exceed four percent(4%)of fees in
17 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 return),
19 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 and
21 other professionals (not including court reporters) for purposes of litigation. COTA COLE may, if
22 it chooses to pay the fees and charges of such consultants and seek reimbursement from CITY on
23 its periodic statement,or it may forward the consultant's bills to CITY with a request that the CITY
24 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY's
25 Finance Department.
26 8. Status reports will be submitted to CITY through the City Attorney's Office whenever
27 any significant event occurs,and in any event at least quarterly.Information sufficient to set reserves,
28 including,without limitation,potential liability exposure and percentage of fault shall be included.
2016-180
1 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the City
2 Attorney's Office which may reproduce same and provide copies to other parties or attorneys.
3 10. Copies of any correspondence and other documents sent to any of the other parties
4 in an action shall also be provided to the CITY through the City Attorney's Office.
5 11. Any and all settlements shall require CITY approval.Request for settlement authority
6 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
7 12. The City Attorney shall be listed as co-counsel for the City in all actions under this
8 Agreement.
9 13. Only Daniel Roberts of COTA COLE,LLP or other senior attorney approved by the
10 CITY shall appear in this action.
11 14. No client development costs are to be included in billings.
12 15. No continuing education expenses are to be included in billings.
13 16. Final billing shall be accompanied by copies of the Request for Dismissal,
14 Satisfaction of Judgment, Release and any other final documents.
15 17. Either party may terminate this contract at will. COTA COLE will continue to
16 represent the CITY on the terms and conditions in this Agreement until any active cases and files
17 are transferred to another attorney.
18 18. COTA COLE is an independent contractor as to the CITY.
19 19. COTA COLE shall maintain the following types of insurance with limits as shown:
20 a) Workers Compensation as required by the laws of the State of California,
21 including Employment Liability with $250,000 limits covering all persons providing service on
22 behalf of COTA COLE and all risks to such persons under this Agreement. COTA COLE shall
23 require its Workers Compensation carrier to waive all rights of subrogation against the CITY and
24 its officers and employees and any others for whom services are being provided under this
25 Agreement.
26 b) Comprehensive General and Automobile Liability Insurance coverage to
27 include contractual coverage and automobile coverage for owned, hired and non-owned vehicles.
28 The policy shall have at least a combined single limit of$1,000,000 for bodily injury and property
2016-180
1 damage.
2 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
3 In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows:
4 "Insurance coverage afforded by this policy shall also apply to the
5 liability assumed by the Insured Under the Agreement with the CITY
6 OF SAN BERNARDINO for legal services, provided such liability
7 results from an error, omission or negligent act of the insured, its
8 officers,employees,agents or subcontractors.All other provisions of
9 this policy are to remain unchanged."
10 COTA COLE shall furnish certificates of insurance and certified copies of all policies and
11 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
12 to the commencement of performance of services hereunder, which certificates shall provide that
13 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
14 Attorney's Office, and shall maintain such insurance from the time COTA COLE commences
15 performance of services hereunder until the completion of such services.
16 All policies, with respect to the insurance coverage above required, except for the Workers
17 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
18 additional endorsements naming the CITY and all parties represented under this Agreement, their
19 employees, agents, volunteers and officers as additional named insured with respect to liabilities
20 arising out of the performance of services hereunder.
21 All policies required above are to be primary and non-contributing with any insurance or self-
22 insurance programs carried or administered by the CITY or other parties represented under this
23 Agreement.
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2016-180
1 20. All communications and billings to the CITY are to be directed as follows:
2 City Attorney's Office
CITY OF SAN BERNARDINO
3 300 North "D" Street, 6th Floor
San Bernardino, CA 92418
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5 Date: September 2016 COTA COLE, LLP
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By: Daniel Roberts
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9 Date: September�2016 CITY OF SAN BERNARDINO
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11 By: R. Carey avis, Mayor
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13 Approved as to form:
Gary D. Saenz, City Attorney
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15 By:
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