HomeMy WebLinkAbout06.A- City Attorney 6.A.a
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s Staff Report
City of San Bernardino
Request for Council Action
Date: January 23, 2017
To: Honorable Mayor and City Council Members
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From: Mark Scott, City Manager q1 y
Gary Saenz, City Attorney
By: Andrea M. Miller, Assistant City Manager 0
Jolena Grider, Chief Assistant City Attorney
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Subject: Professional Services Agreement with Jones & Mayer for
Charter Implementation Services a
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Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, co
California, authorizing the City Manager to execute a Professional Services Agreement
with Jones & Mayer for legal services related to Charter implementation. o
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Background o
On November 8, 2016, voters in San Bernardino approved a new City Charter that a
applies best practices for municipal governance and provides a clear and streamlined N
structure based on the council-manager form of government. Revisions to variousco
administrative policies and procedures and the Municipal Code will be required to
implement the provisions of the new Charter. Given the current workload and desire to Q
expedite the process, the City has determined that it is necessary to engage outside
legal counsel to assist the City Attorney and City Manager's office with this effort. T
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Discussion 0606
Services to be provided pursuant to the agreement include reviewing and analyzing the
City Charter approved by voters in November 2016, the current Charter including o
amendments thereto, the San Bernardino Municipal Code and administrative policies
and procedures and developing a proposed work plan; reviewing and preparing staff
reports, ordinances, resolutions, policies, procedures and other documents s
implementing the provisions of the new Charter; and interpreting provisions of the City w
Charter and providing written opinions as needed. a
Proposals were solicited from three law firms that specialize in municipal government
and public agency law. The firms were selected based on the size of the firm, number
of attorneys with government experience, clients served, breadth of practice areas, and
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reputation. All three firms submitted proposals. While each of the firms has the
expertise and training to effectively handle this engagement,
Jones & Mayer was selected based on the firm's prior experience with the City. Jones
& Mayer was previously engaged to analyze the new Charter and make
recommendations for clarification, deletion and addition before its submission to the
voters and authored the Impartial Analysis of the new Charter for the ballot. Kimberly
Hall Barlow, who would lead the implementation team for the firm and was the attorney
who reviewed the new Charter, has extensive experience relating to City charters and
recently assisted the cities of Whittier and Placentia in successful Charter amendments.
She served as special counsel to the Costa Mesa Charter Commission in the formation
of a proposed charter, and worked with other City Attorneys throughout the state to 06
create the Charter Toolkit, a League of California Cities publication for use by the
general public. Ms. Barlow has provided legal services to the firm's clients in virtually 0
every area of municipal law including contracts of every type, franchise agreements,
municipal utility services, election law, public records requests, Brown Act and Political E
Reform Act compliance, airport law, personnel issues, insurance coverage, disaster L
recovery, CERCLA and other environmental litigation, formation of financing districts a
and bond issues, and real property acquisition.
Jones & Mayer proposes a unique approach to the project wherein the firm would
supplement the staffing in the City Attorney's Office, which has been reduced over the
years, and collaborate with existing personnel so that, among other things, the City is c
able to gain familiarity with the issues presented in the implementation and for outside y
counsel to impart substantive subject matter knowledge to City staff. This is also a cost c
effective approach to the project. a
In addition to implementing the Charter, this project provides an opportunity to 00
thoroughly review the City Code and update provisions based on changes in state law
and to address other organizational and procedural changes. The City Code has not a
been comprehensively reviewed and updated, and some of the provisions are outdated 4)
and no longer meet the City's current needs.
Fiscal Impact Z
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The projected cost for the Charter implementation services is $150,000. Funding for
this project is available in the FY 2016117 Adopted Budget in savings related to Charter o
education, which was not expended, in the amount of$150,000.
Conclusion E
Adopt the Resolution.
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Attachments
Attachment 1 — Resolution; Exhibit A — Professional Service Agreement with Jones &
Mayer
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Ward: All
Synopsis of Previous Council Actions:.
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1 PROFESSIONAL SERVICES AGREEMENT
IMPLEMENTATION OF CHARTER AMENDMENTS _
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
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Jones & Mayer(hereinafter"CONSULTANT") are the parties to this Agreement. 06
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2. Kimberly Hall Barlow is hereby designated and appointed as the representative
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on behalf of CONSULTANT who shall serve and be compensated as provided by this a
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Agreement. CONSULTANT will be working with the CITY in the implementation of the
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charter amendments adopted by San Bernardino citizens in November 2016, as provided in detail Cn
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in CONSULTANT'S "Proposal to Provide Special Legal Services to San Bernardino."
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CONSULTANT shall not represent any client in any type of claim against the CITY without M-
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prior written approval to do so from the CITY OF SAN BERNARDINO through the City
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Manager's Oce. a`
Office.
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3. CONSULTANT shall be paid at the hourly rates set forth below: N
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Attorneys - $225.00 per hour; and, <
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Law Clerks/Paralegals - $100.00 per hour. Q
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The amounts expended under this Agreement for attorney fees shall not exceed w
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$150,000 without further approval of the Mayor and Common Council. o
18 4. Bills shall be submitted at least on a monthly basis and no later than the 14th day
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of each succeeding month.
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5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, _
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mileage and related travel costs shall be itemized when submitted to the CITY for c
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reimbursement. CONSULTANT may include a single charge in an amount not to exceed four �
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percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone charges, and <-
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postage.
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6. If attorney fees are charged "portal to portal" (e.g., from office to City Hall and
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1 return), then CONSULTANT shall not be entitled to reimbursement for mileage and parking
2 fees. v
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3 7. CONSULTANT shall obtain approval from the CITY to retain any expert
4 witnesses, consultants, and other professionals for any work performed under this agreement.
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5 CONSULTANT may, if it chooses, pay the fees and charges of any consultants it retains and
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6 seek reimbursement from the CITY on its periodic statement, or it may forward the consultant's
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7 bill to the CITY with a request that the CITY pay it directly. Consultants shall not bill the E
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8 CITY directly without prior approval of the CITY'S Finance Department. Q
9 8. Status reports will be submitted to the CITY through the City Manager's Office 0
10 whenever any significant event occurs, and in any event at least monthly. vn
11 9. Copies of all opinions, drafts, analyses and reports shall be provided to the City o
12 Manager's Office which may reproduce same and provide copies to the City Council and City o
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13 staff. LO
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14 10. Copies of any correspondence and other documents sent to any outside parties in S
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15 connection with the CONSULTANT'S work shall also be provided to the CITY through the City a
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16 Manager's Office. w
17 11. No client development costs are to be included in billings.
18 12. No continuing education expenses are to be included in billings.
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19 13. The term of this Agreement shall be for a period of one (1) year, provided,
20 however, that the CITY may extend the term by a period of one additional year on the same y
as
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21 terms and conditions as provided herein by giving CONSULTANT written notice of its desire to
22 extend the term of the Agreement. CONSULTANT will continue to represent the CITY on the
23 terms and conditions in this Agreement until the services required herein are transferred to
24 another attorney.
25 14. CONSULTANT is an independent contractor to the CITY. CONSULTANT
26 will, however, work closely with CITY'S employed attorneys to effectuate the charter
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I implementation both to reduce costs and to provide collaborative training to CITY'S staff.
2 15. CONSULTANT shall maintain the following types of insurance with limits as v
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4 a) Workers Compensation as required by the laws of the State of California,
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5 including Employment Liability with $250,000 limits covering all persons
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6 providing service on behalf of CONSULTANT and all risks to such persons under
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7 this Agreement. CONSULTANT shall require its Workers Compensation E
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8 carrier to waive all rights of subrogation against the CITY and its officers and Q
9 employees and any others for whom services are being provided under this U
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10 Agreement.
11 b) Comprehensive General and Automobile Liability Insurance coverage to include .o
12 contractual coverage and automobile coverage for owned, hired and non-owned o
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13 vehicles. The policy shall have at least a combined single limit of $1,000,000 LO
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14 for bodily injury and property damage.
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15 c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In a
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16 lieu of naming the CITY as an additional insured, the policy may be endorsed as w
17 follows:
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"Insurance coverage afforded by this policy shall also apply d
19 to the liability assumed by the Insured under the Agreement with
the CITY OF SAN BERNARDINO for legal services, provided
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20 such liability results from an error, omission or negligent act of the a
insured, its officers, employees, agents, or subcontractors. All =
21 other provisions of this policy are to remain unchanged."
22 CONSULTANT shall furnish certificates of insurance and certified copies of all E
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23 policies and endorsements to the City Attorney's Office evidencing the insurance coverage
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24 above required prior to the commencement of performance of services hereunder, which
25 certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
26 days written notice to the City Attorney's Office, and shall maintain such insurance from the
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1 time CONSULTANT commences performance of services hereunder until the completion of
2 such services. v
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3 All policies, with respect to the insurance coverage above required, except for the
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4 Workers Compensation insurance coverage and professional liability coverage, if applicable, 2
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5 shall obtain additional endorsements naming the CITY and all parties represented under this
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6 Agreement, their employees, agents, volunteers and officers as additional named insureds with
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7 respect to liabilities arising out of the performance of services hereunder. E
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8 All policies required above are to be primary and non-contributing with any Q
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9 insurance policies or self-insurance programs carried or administered by the CITY or other U
10 parties represented under this Agreement.
11 16. All communications and billings to the CITY are to be directed as follows: c
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City Attorney's Office a-
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13 CITY OF SAN BERNARDINO LO
300 North "D" Street co
14 San Bernardino, CA 92418
Attention: Jolena Grider Q
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All communications to CONSULTANT are to be directed as follows: Q
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Jones & Mayer w
17 3777 N. Harbor Blvd. _
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Fullerton, CA 92835 .2
18 Attention: Kimberly Hall Barlow
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1 PROFESSIONAL SERVICES AGREEMENT
IMPLEMENTATION OF CHARTER AMENDMENTS
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4 Dated: , 2017 Jones & Mayer
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6 By: Kimberly Hall Barlow
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9 Dated: , 2017 CITY OF SAN BERNARDINO
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11 By: R. Carey Davis, Mayor 2
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Approved as to form:
15 Gary D. Saenz, City Attorney a
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JONES & MAYER
4 FOR LEGAL SERVICES RELATED TO CHARTER IMPLEMENTATION J
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5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 7
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9 directed to execute on behalf of said City a Professional Services Agreement between JONES & E
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10 MAYER and the City of San Bernardino for legal services, a copy of which is attached hereto Q
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and incorporated herein as Exhibit "A." •2:
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SECTION 2. The authorization granted by this Resolution shall expire and be void
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and of no further effect if the agreement is not executed by both parties and returned to the
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Office of the City Clerk within sixty(60) days following the effective date of this Resolution. a
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or 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIRFORNIA, AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JONES & MAYER
3 FOR LEGAL SERVICES RELATED TO CHARTER IMPLEMENTATION
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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City Council of the City of San Bernardino at a meeting thereof, held on the 2
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7 day of , 2017, by the following vote, to wit: c
8 Council Members: AYES NAYS ABSTAIN ABSENT
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12 VALDIVIA co
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MULVIHILL c
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2017.
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22 R. Carey Davis, Mayor
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City of San Bernardino
23 Approved as to form: o
Gary D. Saenz, City Attorney
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