HomeMy WebLinkAbout05.D- City Attorney 5.D
RESOLUTION (ID # 4626) DOC ID: 4626 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jolena E. Grider M/CC Meeting Date: 09/19/2016
Prepared by: Steven Graham, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the Professional Services Agreement with Cota Cole LLP.
Current Business Registration Certificate: Not Applicable
Financial Impact:
There are sufficient funds in the City Attorney Outside Counsel account to cover the
expense.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On August 1, 2016 the Mayor and Common Council adopted Resolution 2016-167
submitting a council-sponsored ballot measure to the voters regarding marijuana
regulation. The proponent of a competing initiative, Vincent Guzman, filed a writ of
mandate in the superior court asking the court to remove the City's ballot measure from
the ballot. The proponent argued that the City failed to properly comply with CEQA.
Background:
The writ was heard in Dept. S-26 of the Superior Court on August 26, 2016. The Court
ruled for the City and denied Petitioner's writ.
City Attorney Review:
Supporting Documents:
PSA Cota Cole CEQA (DOC)
Cota Cole LLP PSA(PDF)
Updated: 9/14/2016 by Georgeann "Gigi" Hanna A Packet Pg.71
5.D.a
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
3 COTA COLE LLP.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized and directed to execute the
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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. U
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City of San Bernardino, et al. A copy of said Professional Services Agreement is attached hereto -'
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12 as Exhibit"A"and incorporated herein by reference.
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13 SECTION 2. The authorization to execute the above referenced Professional Services a
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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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5.D.a
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 meeting thereof, held on the
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day of , 2016,by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT v
9 MARQUEZ
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10 BARRIOS °_i
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VALDIVIA c0
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SHORETT v
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14 NICKEL a.
15 RICHARD W
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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1 The foregoing Resolution is hereby approved this day of 12016.
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22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form:
Gary D. Saenz, City Attorney
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25 By
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PROFESSIONAL SERVICE AGREEMENT
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm o
Cota Cole, LLP(hereinafter"Cota Cole") are the parties to this Agreement.
2. COTA COLE will be representing the CITY OF SAN BERNARDINO in th
litigation case entitled Californians for Responsible Government, et al., v. City of Sai
Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1613014. COTA COLI
shall not represent any client in any type of claim against the CITY without prior written ;,
approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. >
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3. COTA COLE shall be paid at the hourly rate of$195.00 per hour. The amour v
expended under this agreement for attorney's fees shall not exceed $25,000 without further
approval of the Mayor and Common Council. o
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4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
each succeeding month.
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5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging;
mileage and related travel costs shall be itemized when submitted to the CITY for
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reimbursement. COTA COLE may include a single charge in an amount not to exceed four a
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percent(4%)of fees in lieu of reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and US
return), then COTA COLE shall not be entitled to reimbursement for mileage and parking fees. US
7. COTA COLE shall obtain approval from the CITY to retain expert consultants
and other professionals (not including court reporters) for purposes of litigation. COTA COLE a
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may, if it chooses to pay the fees and charges of such consultants and seek reimbursement from
CITY on its periodic statement, or it may forward the consultant's bills to CITY with a request
that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval
of the CITY's Finance Department.
8. Status reports will be submitted to CITY through the City Attorney's Office
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whenever any significant event occurs, and in any event at least quarterly. Information sufficient
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5.D.b
to set reserves, including, without limitation, potential liability exposure and percentage of fau
shall be included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to th
City Attorney's Office which may reproduce same and provide copies to other parties c
attorneys.
10. Copies of any correspondence and other documents sent to any of the othe
parties in an action shall also be provided to the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval. Request for settlemer >
authority shall be made through the City Attorney's Office which shall obtain the necessar
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CITY approvals. 0-
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12. The City Attorney shall be listed as co-counsel for the City in all actions unde 0
this Agreement. c
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13. Only Daniel Roberts of COTA COLE, LLP or other senior attorney approved b;
the CITY shall appear in this action. a
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14. No client development costs are to be included in billings.
15. No continuing education expenses are to be included in billings. a.
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16. Final billing shall be accompanied by copies of the Request for Dismissal
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Satisfaction of Judgment,Release and any other final documents. v
17. Either party may terminate this contract at will. COTA COLE will continue tc US
represent the CITY on the terms and conditions in this Agreement until any active cases and files 0
are transferred to another attorney.
18. COTA COLE is an independent contractor as to the CITY.
19. COTA COLE shall maintain the following types of insurance with limits a,
shown:
a) Workers Compensation as required by the laws of the State of California;
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of COTA COLE and all risks to such persons under this Agreement.
COTA COLE shall require its Workers Compensation carrier to waive all rights of
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subrogation against the CITY and its officers and employees and any others for whon
services are being provided under this Agreement.
b) Comprehensive General and Automobile Liability Insurance coverage t4
include contractual coverage and automobile coverage for owned, hired and non-owner
vehicles. The policy shall have at least a combined single limit of$1,000,000 for bodil:
injury and property damage.
C) Professional Liability Insurance with limits of at least $1,000,000 pe
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claim. In lieu of naming the CITY as an additional insured, the policy may be endorser
as follows: U-
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"Insurance coverage afforded by this policy shall also apply to the liability assumed b:
the Insured Under the Agreement with the CITY OF SAN BERNARDINO for lega o
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services, provided such liability results from an error, omission or negligent act of the o
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insured, its officers, employees, agents or subcontractors. All other provisions of thi Q
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policy are to remain unchanged."
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COTA COLE shall furnish certificates of insurance and certified copies of all policie
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and endorsements to the City Attorney's Office evidencing the insurance coverage abov a
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required prior to the commencement of performance of services hereunder, which certificate
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shall provide that such insurance shall not be terminated or expire without thirty (30) day: 0
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written notice to the City Attorney's Office, and shall maintain such insurance from the time c0
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COTA COLE commences performance of services hereunder until the completion of sue] E
services.
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All policies, with respect to the insurance coverage above required, except for thi a
Workers Compensation insurance coverage and professional liability coverage, if applicable
shall obtain additional endorsements naming the CITY and all parties represented under thi:
Agreement, their employees, agents, volunteers and officers as additional named insured wit]
respect to liabilities arising out of the performance of services hereunder.
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All policies required above are to be primary and non--contributing with any insurance c
self-insurance programs carved or administered by the CITY or other parties represented unde
this Agreement.
20. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North"D" Street, 6th Floor
San Bernardino, CA 92418
Date:August 2016 COTA COLE, LLP U
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By: Daniel Roberts J
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Date: August 2016 CITY OF SAN BERNARDINO
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By: R. Carey Davis, Mayor
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Approved as to form: a
Gary D. Saenz, City Attorney a
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By: v
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