HomeMy WebLinkAbout2017-012 1 RESOLUTION NO. 2017-12
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JONES & MAYER
4 FOR LEGAL SERVICES RELATED TO CHARTER IMPLEMENTATION
5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager 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 JONES &
10 MAYER and the City of San Bernardino for legal services, a copy of which is attached hereto
11 and incorporated herein as Exhibit "A."
12 SECTION 2. The authorization granted by this Resolution shall expire and be void
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and of no further effect if the agreement is not executed by both parties and returned to the
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15 Office of the City Clerk within sixty (60) days following the effective date of this Resolution.
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIRFORNIA, AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JONES & MAYER
3 FOR LEGAL SERVICES RELATED TO CHARTER IMPLEMENTATION
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 23rd
7 day of January, 2017, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
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BARRIOS X
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12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 RICHARD X
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MULVIHILL X
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GeorgeanWHanna, 0k, City Clerk
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20 The foregoing Resolution is hereby approved this day of January, 2017.
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22 C;al
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23 R. Carey Da is, Mayor
City of San ernardino
2 4 Approved as to form:
2-5 i Gary D. Saenz, City Attorney
26 I 113y:
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2017-12
1 PROFESSIONAL SERVICES AGREEMENT
IMPLEMENTATION OF CHARTER AMENDMENTS
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
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Jones & Mayer (hereinafter "CONSULTANT") are the parties to this Agreement.
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2. Kimberly Hall Barlow is hereby designated and appointed as the representative
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on behalf of CONSULTANT who shall serve and be compensated as provided by this
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Agreement. CONSULTANT will be working with the CITY in the implementation of the
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charter amendments adopted by San Bernardino citizens in November 2016, as provided in detail
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in CONSULTANT'S "Proposal to Provide Special Legal Services to San Bernardino."
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CONSULTANT shall not represent any client in any type of claim against the CITY without
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prior written approval to do so from the CITY OF SAN BERNARDINO through the City
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Manager's Office.
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3. CONSULTANT shall be paid at the hourly rates set forth below:
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Attorneys - $225.00 per hour; and,
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Law Clerks/Paralegals - $100.00 per hour.
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The amounts expended under this Agreement for attorney fees shall not exceed
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$150,000 without further approval of the Mayor and Common Council.
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4. Bills shall be submitted at least on a monthly basis and no later than the 14`x' day
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of each succeeding month.
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5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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mileage and related travel costs shall be itemized when submitted to the CITY for
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reimbursement. CONSULTANT may include a single charge in an amount not to exceed four
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percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone charges, and
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postage.
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6. If attorney fees are charged "portal to portal" (e.g., from office to City Hall and
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1 return), then CONSULTANT shall not be entitled to reimbursement for mileage and parking
2 fees.
3 7. CONSULTANT shall obtain approval from the CITY to retain any expert
4 witnesses, consultants, and other professionals for any work performed under this agreement.
5 CONSULTANT may, if it chooses, pay the fees and charges of any consultants it retains and
6 seek reimbursement from the CITY on its periodic statement, or it may forward the consultant's
7 bill to the CITY with a request that the CITY pay it directly. Consultants shall not bill the
8 CITY directly without prior approval of the CITY'S Finance Department.
9 8. Status reports will be submitted to the CITY through the City Manager's Office
10 whenever any significant event occurs, and in any event at least monthly.
11 9. Copies of all opinions, drafts, analyses and reports shall be provided to the City
12 Manager's Office which may reproduce same and provide copies to the City Council and City
13 staff.
14 10. Copies of any correspondence and other documents sent to any outside parties in
15 connection with the CONSULTANT'S work shall also be provided to the CITY through the City
16 Manager's Office.
17 11. No client development costs are to be included in billings.
18 12. No continuing education expenses are to be included in billings.
19 13. The term of this Agreement shall be for a period of one (1) year, provided,
20 however, that the CITY may extend the term by a period of one additional year on the same
21 terms and conditions as provided herein by giving CONSULTANT written notice of its desire to
22 extend the term of the Agreement. CONSULTANT will continue to represent the CITY on the
23 terms and conditions in this Agreement until the services required herein are transferred to
24 another attorney.
25 14. CONSULTANT is an independent contractor to the CITY. CONSULTANT
26 will, however, work closely with CITY'S employed attorneys to effectuate the charter
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1 implementation both to reduce costs and to provide collaborative training to CITY'S staff.
2 15. CONSULTANT shall maintain the following types of insurance with limits as
3 shown:
4 a) Workers Compensation as required by the laws of the State of California,
5 including Employment Liability with $250,000 limits covering all persons
6 providing service on behalf of CONSULTANT and all risks to such persons under
7 this Agreement. CONSULTANT shall require its Workers Compensation
8 carrier to waive all rights of subrogation against the CITY and its officers and
9 employees and any others for whom services are being provided under this
10 Agreement.
11 b) Comprehensive General and Automobile Liability Insurance coverage to include
12 contractual coverage and automobile coverage for owned, hired and non -owned
13 vehicles. The policy shall have at least a combined single limit of $1,000,000
14 for bodily injury and property damage.
15 c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In
16 lieu of naming the CITY as an additional insured, the policy may be endorsed as
17 follows:
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"Insurance coverage afforded by this policy shall also apply
19 to the liability assumed by the Insured under the Agreement with
the CITY OF SAN BERNARDINO for legal services, provided
20 such liability results from an error, omission or negligent act of the
insured, its officers, employees, agents, or subcontractors. All
21 other provisions of this policy are to remain unchanged."'
22 CONSULTANT shall furnish certificates of insurance and certified copies of all
23 policies and endorsements to the City Attorney's Office evidencing the insurance coverage
24 above required prior to the commencement of performance of services hereunder, which
25 certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
26 days written notice to the City Attorney's Office, and shall maintain such insurance from the
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1 time CONSULTANT commences performance of services hereunder until the completion of
2 such services.
3 All policies, with respect to the insurance coverage above required, except for the
4 Workers Compensation insurance coverage and professional liability coverage, if applicable,
5 shall obtain additional endorsements naming the CITY and all parties represented under this
6 Agreement, their employees, agents, volunteers and officers as additional named insureds with
7 respect to liabilities arising out of the performance of services hereunder.
8 All policies required above are to be primary and non-contributing with any
9 insurance policies or self-insurance programs carried or administered by the CITY or other
10 parties represented under this Agreement.
11 16. All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
13 CITY OF SAN BERNARDINO
300 North "D" Street
14 San Bernardino, CA 92418
Attention: Jolena Grider
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All communications to CONSULTANT are to be directed as follows:
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17 Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
18 Attention: Kimberly Hall Barlow
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2017-12
1 PROFESSIONAL SERVICES AGREEMENT
2 IMPLEMENTATION OF CHARTER AMENDMENTS
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4 Dated: �-l' l` , 2017 Jones Mayer
6 By, Kimberlyplall Barlow
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Dated: V oeq , � O 2017
CITY OF SAN BERNARDINO
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x4c�,'4-
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By: Mark Scott, City Manager
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Approved as to form:
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Gary D. Saenz, City Attorney
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By:
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