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HomeMy WebLinkAboutNB01-City Attorney 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 Colantuono & Levin, PC to advise the City on revenue enhancement ballot measures and to prepare one or two ballot measures to be placed on the November 2006 ballot. Dept: CITY ATTORNEY Date: August 3, 2006 ORIGINAL Synopsis of Previous Council Action: N/A Recommended motion: The Mayor and Common Council adopt the resolution. .:;./~ Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: ~ Amount: None Ward: All FUNDING REQUIREMENTS: Source: Finance: Committee Notes: Re37. ;)[X:1" -;)l..5: SDEJed[Gronewald.RCA] Agenda Item No. N B ( <6 (1./ 0& to)~Y RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN COLANTUONO & Levin, PC AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY ON 4 REVENUE ENHANCEMENT BALLOT MEASURES AND TO PREPARE ONE OR TWO BALLOT MEASURES TO BE PLACED ON THE NOVEMBER 2006 5 BALLOT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby 9 authorized and directed to execute on behalf of said City a Professional Services 10 Agreement between Colantuono & Levin, PC and the City of San Bernardino for 11 legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be 12 13 void and of no further effect if the agreement is not executed by both parties and 14 15 returned to the Office of the City Clerk within sixty (60) days following the effective date of the resolution. 16 17 III III III III III III 18 19 20 21 22 III 23 III 24 III 25 III 26 III 27 III 28 III 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN COLANTUONO & Levin, PC AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY ON 3 REVENUE ENHANCEMENT BALLOT MEASURES AND TO PREPARE ONE OR TWO BALLOT MEASURES TO BE PLACED ON THE NOVEMBER 2006 4 BALLOT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by 6 the Mayor and Common Council of the City of San Bernardino at a day of , 2006, by the NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this ,2006. day of 23 24 PATRICK J. MORRIS, Mayor City of San Bernardino 25 26 Approved as to Form: 28 :1 . )u<> . t. d.?--t.......~____ es F. Penman, City Attorney 27 2 PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF BALLOT MEASURES 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and COLANTUONO & LEVIN, P.C. (hereinafter "C&L") are the parties to this 5 Agreement which is effective, retroactively, as of July 28, 2006. 2. C&L will be advising the CITY on revenue enhancement ballot measures and preparing one or two ballot measures to be placed on the November 2006 ballot. C&L shall not represent any client in any type of claim adverse to the CITY's interests without prior written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 3. Only Michael G. Colantuono of COLANTUONO & LEVIN, P.C. shall make all appearances on behalf of C&L at council meetings or other CITY meetings requiring personal appearance on behalf of the CITY. If this matter results in any litigation, only Michael G. Colantuono shall make any court appearances, hearings or other litigation related meetings requiring personal appearance on behalf of the CITY. Furthermore, Michael G. Colantuono shall review and approve and be personally responsible for any and all documents prepared on behalf of the CITY, including but not limited to, opinions, correspondence, reports or pleadings. 4. C&L shall be paid at the hourly rates set forth below: Attorneys - $240.00 per hour; and, The amounts expended under this agreement for attorneys fees shall not exceed $25,000 without further approval of the Mayor and Common Council. 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Bills shall be submitted at least monthly and shall be submitted by 25 the 10th day of each month. 26 6. The actual cost for filing fees, telephone charges, photocopying, 27 postage, lodging, mileage and related travel costs shall be itemized when 28 submitted to the CITY for reimbursement. C&L may include a single charge in an 1 1 amount not to exceed four percent (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 7. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), then C&L shall not be entitled to reimbursement for mileage and parking fees. 8. C&L shall obtain approval from the CITY to retain expert consultants and other professionals for purposes of advising the CITY in this matter. C&L may, if he 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. 9. Copies of any correspondence and other documents in this matter shall also be provided to the CITY through the City Attorney's Office. 10. No client development costs are to be included in billings. 11. No continuing education expenses are to be included in billings. 12. Either party may terminate this contract at will. 13. C&L is an independent contractor as to the CITY. 14. C&L shall maintain the following types of insurance with limits as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 shown: 20 a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of C&L and all risks to such persons under this Agreement. C&L shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being provided under this Agreement. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non- owned vehicles. The policy shall have 2 21 22 23 24 25 26 27 28 1 at least a combined single limit of $1,000,000 for bodily injury and property damage. 2 3 c) Professional Liability Insurance with limits of at least 4 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows: "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." C&L shall furnish certificates of insurance and certified copies of all policies and endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City Attorney's Office, and shall maintain such insurance from the time C&L commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to Qe primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement. III III III 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 All communications and billings to the CITY are to be directed as '0(7... ,2006 11 12 Approved as to form: 13 JAMES F. PENMAN, City Attorney By t""'"' t 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,2006 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 COLANTUONO & LEVIN, P.C. ~- ~ ~ By: IC ael Colantuono, President CITY OF SAN BERNARDINO By: Patrick J. Morns, Mayor I) t~"),'r~~ F:IMILLlGANIMayorIColanluono & Levin PSA.doc 4 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): Vote: Ayes L > Change to motion to amend original documents 0 Co Item # ~ ~ Resolution # 5000-).7 ) Absent 5"1-- 7 Nays Abstain Companion Resolutions Null/Void After: Lu 0 days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separalely: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Dale Sent to Mayor: 9:, Date of Mayor's Signature: Date ofClerklCDC Signature: Reso. Log Updated: ~ Seal Impressed: Reso. # on Staff Report 0"" Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2"d Reminder Letter Sent: Not Returned: 0 Request for Council Aclion & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File: _ Date: Revised 12/18/03