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HomeMy WebLinkAbout09-City Attorney - "I' -. << - -- -""'" ~,.~~"' "'_"""'-_""'f',1'!'ff""""'''''*''"'' , ORIGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Professional Services Agreement between the City of San Bernardino and the law firm of Gresham, Savage. Nolan & Tilden to represent the City of San Bernardino in the case of Deanna Helena Petrovna Adams v. City of San Bernardino. a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity, et al. - San Bernardino Superior Court Case No. SCVSS 126708 Dept: CITY ATTORNEY Date: June 13,2005 Synopsis of Previous Council Action: Mayor and Council approved the hiring of John Nolan of Gresham, Savage. Nolan & Tilden to represent the City in the subject court action. Recommended motion: Adopt Resolution. Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff ReDort Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 4- ~DO)-(~~ Agenda Item No. q V / ao/ Os- -,,-" . ~~.._- STAFF REPORT Council Meeting Date: Mav 16. 2005 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: June 13, 2005 AGENDA ITEM: Professional Services Agreement between the Oty of San Bernardino and the law firm of Gresham, Savage, Nolan & Tilden to represent the City of San Bernardino in the case of Deanna Helena Petrovna Adams v. City of San Bernardino, a Californill Municipality, San Bernardino Valley Municipal Water District, a Public Entity, et al. . San Bernardino Superior Court Case No. SCVSS 126708 The Mayor and Common Council approved the law firm of Gresham, Savage, Nolan & Tilden to represent the City in the above-referenced court action. Attached hereto is the Professional Services Agreement which reflects such approval, including a ceiling of $25,000 on attorney fees and the requirement of regular status reports. It is requested by the City Attorney that the floor motion be adopted so that the Mayor is authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Gresham, Savage, Nolan & Tilden to represent the City in the case of Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity, et al. - San Bernardino Superior Court Case No. SCVSS 126708. ,"_' C'''~.''r'C c. ,,-< C' ^ en-TC '.'" _CC,C'_' ->"T"-- 0 2 3 4 5 6 IlliSOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN GRESHAM, SA V AGE, NOLAN & TILDEN AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity. San Bernardino Superior Court Case No. SCVSS 126708 t(O)~r BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 9 to execute on behalf of said City a Professional Services Agreement between Gresham, Savage, 10 Nolan & Tilden and the City of San Bernardino for legal services, a copy of which is attached 11 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 12 length. 13 SECTION 2. The authorization granted hereunder shall expire and be void and of no o 14 further effect if the agreement is not executed by both parties and returned to the office of City 15 Clerk within sixty (60) days following effective date of the resolution. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 /II 25 III 26 III 0 27 /II 28 /II RLS/js [Hassan.Res] 1 -~. ," -". O'C_'~.""" ",,,,,. ..-,' . - 7 thereof, held on the day of 8 COUNCIL MEMBERS: AYES NAYS 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 0 14 JOHNSON 15 MCCAMMACK 16 17 18 0 2 3 4 5 6 26 o 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN GRESHAM, SA V AGE, NOLAN & TILDEN AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity - San Bernardino Superior Court Case No. SCVSS 126708 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting , 2005, by the following vote, to wit: ABSTAIN ABSENT CITY CLERK 19 20 21 22 23 day of ,2005. The foregoing Resolution is hereby approved this JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 24 legal content: 25 ~? RLS/js [Hassan.Res] 2 o o 20 21 22 23 24 25 o 26 27 28 ,,' '~,^ '. --, ~' -- -- "-,,, .-~ .~~-- " ^- --~,><-- 1 PROFESSIONAL SERVICES AGREEMENT 2 Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity, et al. 3 4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 5 GRESHAM, SA V AGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this Agreement. 6 7 2, GSN&T will be representing the following entities and persons in this litigation: 8 9 CITY OF SAN BERNARDINO, GSN&T 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, 3. GSN&T shall be paid at the hourly rates set forth below: Attorneys - $230.00 per hour; and, Law Clerks/Paralegals - $65,00 per hour. 10 11 12 13 14 The amounts expended under this agreement for attorneys fees shall not exceed 15 16 $25,000 without further approval of the Mayor and Common Council. 4, Bills shall be submitted at least quarterly. 17 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 reimbursement. GSN&T may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 18 19 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 return), then GSN&T shall not be entitled to reimbursement for mileage and parking fees. 7. GSN&T shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. GSN&T may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's bill 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. RLS/js [Adams PrfSvcsAgr] 1 ~_.. C> o o 1.......~F,.,..'"'~..'.I" 'll' 'n",.' .,..".,. ''',>C,. "."",- 1 8. Status reports will be submitted to CITY through the City Attorney's Office 2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 3 to set reserves, including, without limitation, potential liability exposure and percentage of fault 4 shall be included. 5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 7 in this, or other litigation. 8 10. Copies of any correspondence and other documents sent to any of the defendants 9 in this action shall also be provided to the CITY through the City Attorney's Office. 10 II. Any and all settlements shall require CITY approval. Request for settlement 11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 12 approvals. 13 12. In the event the settlement value of the case appears to exceed $50,000, the City 14 Attorney's Office shall be notified immediately. 15 13. Only John Nolan of GRESHAM, SAVAGE, NOLAN & TILDEN or other senior 16 attorney approved by the CITY shall try this case. 17 14. No client development costs are to be included in billings. 18 15. No continuing education expenses are to be included in billings. 19 16. Final billing shall be accompanied by copies of the Request for Dismissal, 20 Satisfaction of Judgment, Release and any other final documents. 21 17. Either party may terminate this contract at will. GSN&T will continue to represent 22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 23 another attorney. 24 18. GSN&T is an independent contractor as to the CITY. 25 19. GSN&T shall maintain the following types of insurance with limits as shown: 26 a) Workers Compensation as required by the laws of the State of 27 California, including Employment Liability with $250,000 limits covering all 28 RLS/js [Adams.PrfSvcsAgr] 2 --<-" o o o - "--'-.,.:;o'''-:';:.:':-'I'',.IM'''''/__'- ":.',:'''''.~'C'n H_ _ ___=__ ---''':''7:'1':"'''W.'!__ 1 persons providing service on behalf of GSN&T and all risks to such persons under this Agreement. GSN&T shall require its Workers Compensation carrier 2 3 to waive all rights of subrogation against the CITY and its officers and 4 employees and any others for whom services are being provided under this 5 Agreement. 6 b) Comprehensive General and Automobile Liability Insurance 7 coverage to include contractual coverage and automobile coverage for owned, 8 hired and non-owned vehicles. The policy shall have at least a combined single limit of $1,000,000 for bodily injury and property damage. 9 10 Professional Liability Insurance with limits of at least $1 ,000,000 c) 11 per claim. In lieu of naming the CITY as an additional insured, the policy may 12 be endorsed as follows: 13 "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 defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." 14 15 16 GSN&T shall furnish certificates of insurance and certified copies of all policies 1 7 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 18 prior to the commencement of performance of services hereunder, which certificates shall provide 19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 20 City Attorney's Office, and shall maintain such insurance from the time GSN&T commences 21 performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage above required, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 27 28 liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any RLS/js [Adams_PrfSvcsAgr] 3 " ~"'-"n~-"""'"'''~'_''Iy_m''^''''''_ ,,'- () o o .". - 1 insurance or self-insurance programs carried or administered by the CITY or other parties 2 represented under this Agreement. 3 20. All communications and billings to the CITY are to be directed as follows: 4 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 5 6 DATED: ,2005 GRESHAM, SA V AGE, NOLAN & TILDEN 7 8 9 By: John Nolan 10 11 DATED: ,2005 CITY OF SAN BERNARDINO 12 13 14 By: Judith Valles, Mayor 15 16 17 18 19 20 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 27 28 ,~ ; 1 By: );4""'~> () l ) ."~ RLS/js [Adams,PrfSvcsAgr] 4 -"--"~._- ,,-^._,_." ". "" o PROFESSIONAL SERVICES AGREEMENT 2 Deanna Helena Petrovna Adams v. City of San Bernardino, a California lI.lunicipality, San Bernardino Valley Municipal Water District, a Public Entity, et al. o 20 21 22 23 24 2S o 26 27 28 3 4 L The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of GRESHAM, SAVAGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this 5 Agreement. 6 ') GSN&T will be representing the following entities and persons in this litigation: 7 8 CITY OF SAN BERNARDINO, GSN&T 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 Attomey's Office. 3. GSN&T shall be paid at the hourly rates set forth below: Attorneys - $230.00 per hour; and, Law Clerks/Paralegals - $65.00 per hour. 9 10 11 12 13 14 The amounts expended under this agreement for attorneys fees shall not exceed 15 $2'),000 without further approval of the Mayor and Common CounciL 16 4. Bills shall be submitted at least quarterly. 17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodgi ng, 18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 19 GSN&T may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 6. If attomey's fees are_charged "portal to portal" (e.g., from office to court and return), then GSN&T shall not be entitled to reimbursement for mileage and parking fees. 7. GSN&T shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. GSN&T may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's bill 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. RLS/js [AdamsPrfSvcsAgr] 1 ~v'h;'h.;r "a" () o o - < < <<<o,,<,~ <",<<_' W r~' ,< , <, <'" < <,- 1 ""~_fi'''~ 8. Status reports will be submitted to CITY through the City Attorney's Office 2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 3 to set reserves, including, without limitation, potential liability exposure and percentage of fault 4 shall be included. 5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 6 City Attorney's OffIce which rday reproduce same and provide copies to other parties or attorneys 7 in this, or other litigation. 8 10. Copies of any cOITespondence and other documents sent to any of the defendants 9 in this action shall also be provided to the CITY through the City Attorney's Office. 10 II. Any and all settlements shall require CITY approval. Request for settlement 11 authority shall be made through the City Atlomey's Office which shall obtain the necessary CITY 12 approvals. 13 12. In the event the settlement value of the case appears to exceed $50,000, the Cily 14 Attorney's Office shall be notified immediately. 15 13. Only John Nolan of GRESHAM, SA V AGE, NOLAN & TILDEN or other senior 16 attomey approved by the CITY shall try this case. 18 19 17 16. 14. No client development costs are to be included in bi Ilings. 15. No continuing education expenses are to be included in billings. Final billing shall be accompanied by copies of the Request for Dismissal, 21 20 Satisfaction of Judgment, Release and any other final documents. 17. Either party may tem1inate this contract at will. GSN&T wi II continue to represent 22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 23 another attorney. 24 25 26 27 28 18. 19. GSN&T is an independent contractor as to the CITY. GSN&T shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all RLS/JS r AdamsPrfSvcsAgr] 2 F.xhihit: "A" o o o ." ""'" " , ,~< '~<""<~~' <'-'"","'''''''~'- 1 persons providing service on behalf of GSN&T and all risks to such persons 2 under this Agreement. GSN&T shaJI require its Workers Compensation carner 3 to waive all rights of subrogation against the CITY and its officers and 4 employees and any others for whom services are being provided under this 5 Agreement. 6 b) Comprehensive General and Automobile l.iability Insurance 7 coverage to include contractual coverage and automobile coverage for owned, 8 hired and non-owned vehicles, The policy shall have at least a combined single 9 limit of $1 ,000,000 for bodily injury and property damage. 10 c) Professional Liability Insurance with limits of at least $1 ,000,000 11 per claim. In lieu of naming the CITY as an additional insured, the policy may 12 be endorsed as follows: 1 '1 ~-' "Insurance coverage afforded by this policy shaJI also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal defense services, provided such liability results from an enor, omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." 14 15 16 GSN&T shall furnish certificates of insurance and ce11ified copies of all policies 17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 18 prior to the commencement of performance of services hereunder, which certificates shall provide 19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 20 City Attomey's Office, and shall maintain such insurance from the time GSN&T commences 21 performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage above required, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 27 28 liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any RLSIJs [Adams PrfSvcsAgr] 3 Exhibit "A" o o o ,.-,-"",-----" " "T_n ___~n__" 1 insurance or self-insurance programs caITied or administered by the CITY or other p3I1ies 2 represented under this Agreement 18 19 20 21 3 20_ A11 communications and billings to the CrTY are to be directed as follows: 4 5 6 DA TED: ,2005 7 8 9 10 11 DATED: ,2005 12 13 14 15 16 17 22 Approved as to form and legal content: 23 JAMES F PENMAN, 24 City Attorney 25 26 By: 27 28 City Attomey's Office CITY OF SAN BERNARDINO 300 North "0" Street San BcmalJino, CA 92418 GRESHAM, SA V AGE, NOLAN & TILDEN By: John Nolan CITY OF SAN BERNARDINO By: Judith Valles, Mayor RLS/Js [Adams PrfSvcsAgr] 4 li'vh.;h; 1- itA II