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Home My WebLink About2017-0691 2 3 4 r 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E IT RESOLVED 3 �. :�°ta3 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FO Manager SECTION e 3 �_ . The City ai� !`. is directed i Professional Services Agreement ("Agreement") with Cota Cole LLP for outside counsel services related to Measure 0 attached hereto as Exhibit "A" and incorporated herein by this above-referenced��ECTION 2. The d if the Agreement is not executed by all parties and returned to the Office of the City Clerk within sixty (60) days of the passage of this Resolution. 111 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE RESOLUTION s AND CITY COUNCIL OF THE CITY OF SAN iBERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES ry.._ COTA COLE LLP FOR OUTSIDE COUNSEL SERVICES IN LITIGATION RELATED TO MEASURE 0 I'l HEREBY CERTIFY the . foregoing . Resolution adopted . e Mayor and City regular 1: Council of the City of San Bernardino at a joint i 'April, 2017, by the following vote, to wit: x Approved !form: Gary D. Saenz, City Attorney By- . $. ��.. rtu,.VESSIONAL SERVICE AGREEMENT 1. 'rhe CITY OF SAN BERNARDINO (her e.i.nafter "CITY"') and the law firin o -ire the part'es, to this Agreement. I Cota Cole. UP (.hereinafter"Cota, Cole") *11 be represedng the ary OF SAI\` BERNARDINO 2. OTA C01,E XV1 n litigation regarding the implementation of Measure 0. Currently there are, four (4) cases regardIng Measure 0, 'Including.- A.,A,,fF- .127$,, LLC, et al. v. Ci�y qf'San Bet-nardino, et al, San Bernardino Superior our Case No. CIV DS 170.2,219.- Kush Conceptsal. v, (,`Ry, Be-rnardino, San Bernardino Superior Court Case No. CCVD S :702. _3 1, ; Q ., App. ficant, ej aL v. City qfSan Bernar(lino, San Bernardino Superior Court Case No. ClVDS 1704/276; ana fi -narch o Supe *or Court Case No. 17042,539, ,.Ifichael Lee, et al. v. Qy qfS in Bernard.no, San Be.i in ri COJ' A shall not represent any c1lent 'in any -type of claim against the, CITY without priol written approval to do so -.from the CF1Y OF S.AN BERM RDINh .gb the City Attorney's Office. gip}3. COTA COLE shall be palid at the hourly rate of $1.95 ).00 per hour. The amoue expended under this agreement forattornev',rs -fees shall not exceed S.2.5 i W IM0 Xkr*thout furtbei approval of the Mayor and. CityCouncil. 4. Bills shall be submitted at least on a monthly basis and no later than the 5-th day o each. succeeding month. 50 r, Fhe actual cost fior filling fees, telephone charges, photocopyi*ng,, ostage,, lodginla mileage and related travel. costs shall be itemized when submitted to the CITY fo,,, reimbursement. COTA COLE mayclude a single charge in an amount not to exceed fou percent (4%) offees'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 an return), then COT COLE shall not be entitled to reimbursement for mileage and parking fiees. 7. COTA COLE shall obtain approval from the C11"Y to retain. perconsultant and other professionals (not including court reporters) for purposes of litigation. COTA. COLI may, if it chooses to pay the fees and charges of such consultants and. seek reimbursement f ron CITY on its periodic statement, or it may forward the consultant's bills to CITY w'th a reques 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ultants shall, notbill the CITY directly without p-rior approval that the CITY pav it d'rectly. Cons I of the ary's Finance Department. 8. Status r-,)orts will be submitted to CITY through the City Attorn.ey's Office -whenever any significant event occurs, aiid in anv event at least quarterly. Information sufficienti age of fault to set reserves includingwithout. limitatioll., ent'al fiab'I' pot i i i ity exposure and percent, uded. shall be incl 9. Copies of all. opini-ons, pleadings, discovery and motions shall be provided to the City Attorn-ey" .ffice which may reproduce same and provIde copies to other parties or attorneys. M Copies of any correspondence and other documents sent to anv of the other parti.esin an action shall also beprovided to the CITY through. the City Attomey"s Office" 11. A. and all settlements shall require CITY approval. Request for settlement authorl'tv shall be made through the City Attorney's Off -ice which shall. obtain the necessary CITY qpprovals. 1?* The Citv Attorney shall be listed as co -counsel. �for the City in all actions unde this Agreement. 'COTA COLE, UP or other senior attomev approved bV 13. Only Daniel Robe s o.f. theCITY shall. appear in this action.. 14, No client development costs are tobe included in billings. 15, No continuing education expenses are to be included in billings. o 16. Final billing shall be accompanied by copies of -the Request f r Dismissal, Satis-faction of Judgment., Release and any other final documents. 17. Either party may terminate thiscontract at will. C0FA COLE will continue to represent the crry on the tem. is andconditions 'in th.1.s Agreement until aiiy active cases and files are transferred to another attornev. W 18. COTA. COLE is anindependent contractor as to the CITY. 19. COTA COLE shall maintain the following types of insurance with I'm'ts i i aq shown : 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) Workers Compensation as required by the laws of the State of ali- including Employment Liability with S.'2.5.0.000 limits covermg all persons prolvidin,,o service on behalf of CO`fA COLE and all. risks to such persons under this Agreement, COTA COLE shall requIre its Workers Compensation carrier to waive all rights o subrogation against the CITY and. employees and. any others for Ghon SUINICes are- OC1110 Z:provilueu wiluer tnis.,(Agreern.em. b) Comprehensive. General and Automobile Liability, Insurance coverage t( include contractual coverage and automobile coverage -for mvnedhired and, non-owied 'vehicles. The policy shall have at least a combined single limit of $1,000,000 for bodily injury andproperty damage. c) Professional. Liabilltv Insurance with -limits of at least S 1 "000 000 per claim. In lieu of naming the CH'Y as an additional 'Insured. the poliev may be endorsed a.0 s f lbws: I � � Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured Under the Agreement with the CITY OF SAN BERNARDINO for legal services, provided such licabilitv results firorn. an error., omission or negligent act of the insured, its officers. eniplovees, agents or subcontractors. All other prov.1s.lons of th' is Policy are. to remain unchanged." COTA. COLE shall furnish certificates ofincur ance and certified copies of all policies I insurance coverage -above -id endorsements to the. C'ty Attomevs Office evdene'ng the requIred prior to the commencement of erformance of services hereunder, AThichcertifi i .tcates shall provide that such insurance sball not 'be terminated or ex -l --)Ire without thirty (30) dayq written notice to the City Attorneys Office, mid shall maintain such'insurance firom the tim COTA COLE commences performance of services hereunder until the completion of sic: services. 9 All policies, with respect to the insurance coverage above required., except -for th( Workers Compensation insurance coverage and professional liabilitv coverage,,. if a�pplicable shall obtain add.,itional endorsements namiki.,y the CITY and all parties represented under Chia 3 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement, their emplovees., agents, Volunteers and officers as additional named irisuped 1141 respect to liabilities arising out of .1. per rmance of services hereunder. All policies required above are to be primary ,wid noii-contfib-utingwith any insurance o self-insurance programs carried. or adminjisaered bv the CITY or other parties represented unde thl's Agreement, 20. All communications and billings to the CITY are to be directed as -fiollows.- City Attorriey's Office CITY OF SAN'BERNARDINO 300 North "'D" Street, 6th Floor San Berriardino, CA 92418 Date- 2017 in ...... A Date: -7 _14f?r 6 2- 20 F/ Approved as to form: Gary D. Saenz, City Attorney .1 Br'�(P 4 COTA COLE, LLP By: Daniel Roberts CITY OF SAN BERNARDINO Or Bv Mark. Scott, City Manager ATTEST: GeorgeHannaC, City Clerk