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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Revised 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, and repealing
Resolution No. 2005-154
Council Meeting Date: August 1,2005
Dept: CITY ATTORNEY
Date: July 26, 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.
June 20, 2005 - Mayor and Council approved Resolution No. 2005-154, authorizing a Professional Services
Agreement with Gresham, Savage, Nolan & Tilden to represent the City in Adams, et al. v. City of San
Bernardino, et al., San Bernardino Superior Court Case No.: SCVSS 126708.
Recommended motion:
Adopt Resolution.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: StaffReDort
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council N~. ~ (Jor _ '" ~
Agenda Item No. /3
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STAFF REPORT
Council Meeting Date: Au~ust 1. 2005
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: July 26, 2005
AGENDA ITEM: Revised 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
Bernartlino, a California Municipality, San Bernardino Valley Municipal Water
District, a Public Entity, et aL - San Bernardino Superior Court Case No.
SCVSS 126708 and repealing Resolution No.: 2005-154
On June 20, 2005, the Mayor and Common Council approved Resolution No. 2005-154
authorizing execution of a Professional Services Agreement with the law firm of Gresham, Savage,
Nolan & Tilden to represent the City in the above-referenced court action. Attached hereto is the
revised Professional Services Agreement which revises the hourly attorneys' rate from $230.00 per
hour to $268.00 per hour. All other terms and conditions in the previous Agreement authorized by
Resolution No. 2005-154 remain unchanged.
It is requested by the City Attorney that the floor motion be adopted so that the Mayor is
authorized to execute said revised 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 revised 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.
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~OLUTION NOt (Q) fY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REVISED
3 PROFESSIONAL SERVICES AGREEMENT BETWEEN GRESHAM, SA V AGE, NOLAN
& TILDEN AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE
4 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
5 Court Case No. SCVSS 126708 and repealing Resolution No. 2005-154.
6 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 revised Professional Services Agreement between Gresham,
10 Savage, Nolan & Tilden and the City of San Bernardino for legal services, a copy of which is
I I attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set
12 forth at 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.
SECTION 3. Resolution No. 2005-154 is hereby repealed.
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7 thereof, held on the day of
8 COUNCIL MEMBERS: AYES NAYS
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REVISED
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 PetrovnaAdams v. City olSan Bernardino, a California Municipality,
San Bernardino Valley Municipal Water District, a Public Entity - San Bernardino Superior
Court Case No. SCVSS 126708 and repealing Resolution No. 2005-154.
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
The foregoing Resolution is hereby approved this
day of
,2005.
. -'..
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
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BY:~-fCl~",
()! JAMES F. PENMAN
;' City Attorney
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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.
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
GRESHAM, SA V AGE, NOLAN & TILDEN (hereinafter "GSN&T") are the parties to this
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Agreement.
2. GSN&T will be representing the following entities and persons in this litigation:
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
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the City Attorney's Office.
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3. GSN&T shall be paid at the hourly rates set forth below:
Attorneys - $268.00 per hour; and,
Law Clerks/Paralegals - $65.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
$25,000 without further approval of the Mayor and Common Council.
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4. Bills shall be submitted at least quarterly.
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%) 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 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,
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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.
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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
2 3 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
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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
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to waive all rights of subrogation against the CITY and its officers and
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employees and any others for whom services are being provided under this
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Agreement.
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b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
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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.
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c)
Professional Liability Insurance with limits of at least $1 ,000,000
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per claim. In lieu of naming the CITY as an additional insured, the policy may
be endorsed as follows:
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"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."
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16 GSN&T shall furnish certificates of insurance and certified 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 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
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liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any
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insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement
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20.
All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DATED:
,2005
GRESHAM, SA V AGE, NOLAN & TILDEN
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By: John Nolan
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DATED:
,2005
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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22 Approved as to form and
legal content:
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JAMES F. PENMAN,
24 City Attorney
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