HomeMy WebLinkAbout05.E- City Attorney RESOLUTION (ID # 4571
DOC ID: 4571 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jolena E. Grider M/CC Meeting Date: 08/01/2016
Prepared by: Stacia Johns,
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the First Amendment to the Professional Services Agreement with Cota Cole LLP.
(#4571)
Current Business Registration Certificate: No
Financial Impact:
There are sufficient funds in the City Attorney's Office Budget for FY 16/17 to cover the
increase in attorney's fees.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
At the meeting of the Mayor and Common Council on March 2, 2015, the Mayor and
Council adopted Resolution 2015-45-Authorizing the Execution of a Professional
Services Agreement between Cota Cole LLP and the City of San Bernardino for Legal
Services in cases seeking enforcement of the City's ban on Marijuana Dispensaries. On
December 21, 2015, the Mayor and Council increased the cap for attorneys' fees from
$50,000.00 to $100,000.00.
Background:
The City has initiated approximately 14 injunction actions against unlawful marijuana
dispensaries since the Mayor and Common Council authorized the Professional
Services Agreement in 2015. To date, the City has spent approximately $89,992 for
attorneys' fees for these actions. Ten of such cases are active at varying stages of
litigation. Four cases are now settled and closed. As a result of the settlement of the
four closed cases, the City has recovered approximately $89,183. It is expected that the
City will file additional complaints in the near future while continuing to litigate the ten
existing matters. For that reason, additional funds will be needed.
City Attorney Review:
Jolena Grider
Supporting Documents:
Resolution for First Amendment to PSA with Cota Cole LLP (DOC)
agrmt 4571 (PDF)
Updated: 7/25/2016 by Georgeann "Gigi" Hanna A Packet
I RESOLUTION NO. d
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
Cn
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL a
3 SERVICES AGREEMENT WITH COTA COLE LLP r
2M 4 r
J
L
5 WHEREAS, on March 2, 2015, the Mayor and Common Council of the City of San '0
a
6 Bernardino ("Council") adopted Resolution No. 2015-45 Authorizing the Execution of a 0
0
7 Professional Services Agreement between Cota Cole LLP and the City of San Bernardino for Legal
r
0
8 Services in cases seeking enforcement of the City's ban on Marijuana Dispensaries; v
r
9 WHEREAS, the City is engaged in ongoing litigation and expects to initiate new litigation a
N
10 requiring additional professional services; a
0
11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 0
r
12 COUNCIL OF THE CITY OF SAN BERNARDINO,AS FOLLOWS: `=
0
13 SECTION 1: The City Manager is hereby authorized and directed to execute the First
14 Amendment to the Professional Services Agreement with Cota Cole LLP to provide professional �
15 services to enforce the City's ban on Marijuana Dispensaries and increase the amount of the contract
16 to $150,000. A copy of said First Amendment to Professional Services Agreement is attached 6
17 hereto as Exhibit"A" and incorporated herein by reference. o
U
18 SECTION 2: The authorization to execute the above referenced First Amendment to 3
19 Professional Services Agreement is rescinded if the parties to the Amendment do not execute it a
0
20 within 60 days of the passage of this Resolution.
21 /// E
22 /// E
a
23 ///
LL
24 ,o
r.
25
0
0
26
27
d
E
28
0
a
A' Na
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL
2 SERVICES AGREEMENT WITH COTA COLE LLP in
3 0
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
4 Council of the City of San Bernardino, at a regular meeting thereof, held on the 1St day of August,
2016,by the following vote, to wit: L
5 0
a
J
6 Council Members Ayes Nays Abstain Absent
0
7 MARQUEZ
8 BARRIOS
w
9 VALDIVIA 3
a
10 SHORETT a
0
11 NICKEL o
12 RICHARD
MULVIHILL o
13
14 i
15 Georgeann Hanna, City Clerk a
J
16 0
The foregoing Resolution is hereby approved this 1st day of August, 2016
17 0
U
18
3
19 R. Carey Davis, Mayor co
a.
20 °
Y
_
21 Approved as to Form:
22 Gary D. Saenz, City Attorney
a
w
23
By:
24 ,o
25
0
26
27 c
0
E
28
a
2 Packet Pg. 77
5.E.b
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
3
THE FIRST AMENDMENT is made and entered into as of , 2016 by
4
5 and between the CITY OF SAN BERNARDINO, a charter city("CITY")and COTA COLE
6 LLP ("Cota Cole"). In consideration of the mutual covenants and conditions set forth herein,
7 the parties agree as follows: in
0
r-
e 1. This Amendment is made with respect to the following facts and purposes:
9 J
a. On March 12, 2015, the City and Cota Cole entered into that certain `o
10 12
a
11 agreement entitled "Professional Services Agreement" ("Agreement") for
a�
0
12 attorneys' fees not to exceed$50,000.
0
13 b. On December 21, 2015, the Mayor and Common Council authorized an w
14
increase in the maximum attorneys' fees to $100,000.
15 a
2. Section 3 is hereby amended to increase the maximum attorneys' fees amount to cc
16 0
ca
17 $150,000.
0
18 3. Except for the changes specifically set forth herein, all other terms and conditions
T
19 of the Agreement shall remain in full force and effect.
LO
20
Ln
21
E
22
23
t
24
w
a
25
26
27
28
Packet Pg. 78
5.E.b
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND COTA COLE LLP
3
IN WITNESS THEREOF,the parties hereto have caused this Second Amendment to be
4
executed by and through their respective authorized officers, as of the date first above written.
5
a�
6
CITY OF SAN BERNARDINO, COTA COLE LLP
A Municipal Corporation
0
8
9 By:
Mark Scott, City Manager Daniel S. Roberts,Partner 0
10 a.
J
J
11 �
0
U
12 �o
Approved as to form: °
13 U
Gary D. Saenz, City Attorney
w
14 Q
15 u.o
By: c
16 g
r
U
17
O
18
T
ti
19
20 ti
LO
21 E
a�
22
c
23 E
24 fII
w
Q
25
26
27
28
2
Packet,Pg. 79