HomeMy WebLinkAbout2019-255Resolution No. 2019-255
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENTS WITH COLE HUBER, LLP
WHEREAS, On July 9, 2018, the City executed an agreement with Cota Cole & Huber
LLP, now Cole Huber LLP, to provide legal services relating to a variety of litigation matters
and several transactional matters during a period of transition in the City Attorney's Office. The
original agreement was entered into by the City Manager in accordance with her signature
authority. On December 19, 2018, following City Council approval, the City executed an
Amended and Restated Professional Services Agreement and established a not -to -exceed cap on
attorneys' fees at $150,000; and
WHEREAS, On April 3, 2019, the City Council authorized the City Manager to amend
the agreement with Cole Huber to increase the not -to -exceed cap on attorneys' fees to $250,000;
and
WHEREAS, the City Council now wishes to amend the agreement to increase the total
expenditure cap, to limit the scope of services to two matters, and to cap future expenditures on
the remaining cases at $10,000.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute a second amendment to
the Amended and Restated Professional Services Agreement with Cole Huber LLP as outlined
herein, in the accompanying staff report, and in the attached second amendment.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2019-255
APPROVED and ADOPTED by the City U i an 'signed by the Mayor and attested
by the City Clerk this 7d' day of Au u t 2019. •
U
John Valdivia, Mayor
City of San Bernardino
Attest:
L�
Georgeann na, MMC, 6ty Clerk
Approved as to form:
/ /,437, , 0,5 --a 4 -,. N
Gary D. Saenz, City Attorney
Resolution No. 2019-255
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-255 adopted at a regular meeting held on the 7h day of August 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN
SANCHEZ _
MARRA
FIGUEROA
SHORETT_
NICKEL
RICHARD
MULVIHILL
ABSENT
WITNESS my hand and official seal of the City of San Bernardino -this 7th day of August 2019.
fnGeorgeann arena, z E, City Clerk