HomeMy WebLinkAbout2004-106r�-
1
2
3
4•
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2004-106
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AGREEMENT WITH SPECIAL LEGAL COUNSEL
REGARDING COMMUNITY FACILITIES DISTRICT NO. 1033
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
Constitution of the State of California; and
WHEREAS, the City has determined to commence proceedings to establish a
community facilities district ("Community Facilities District No. 1033," or "CFD No. 1033")
pursuant to the terms and provisions of California Government Code Section 53311 et seq.,
sometimes commonly referred to as the "Mello -Roos Community Facilities District Act' (the
"Act'); and
WHEREAS, the City now desires to approve the execution of an agreement with special
legal counsel to enable the City to pursue said proceedings.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
I FOLLOWS:
Section 1. The above Recitals are true and correct in all respects and are incorporated
herein by reference.
Section 2. The law firm of Lewis Brisbois Bisgaard & Smith, LLP is hereby selected
as Special Legal Counsel for purposes of enabling and assisting City staff with respect to the
proceedings relative to CFD No. 1033, in accordance with the Professional Services Agreement,
attached and incorporated herein as Exhibit "A". The Mayor is hereby authorized and directed
to execute said Agreement.
Section 3. This resolution shall take effect immediately upon its passage.
1 HE/ed/LegConsultantVerd.Res1033
1
2004-106
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN'
BERNARDINO APPROVING AGREEMENT WITH SPECIAL LEGAL COUNSEL
REGARDING COMMUNITY FACILITIES DISTRICT NO. 1033
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a J t. reg. meeting thereof, held on the
19 th day of April , 2004, by the following vote, to wit:
Council Members:
AYES NAYS
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
McCAMMACK
x
ABSTAIN ABSENT
Cit Clerk
The foregoing resolution is hereby approved this -22,) d- day of April , 2004.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: P.4- t..-
San
Mayor
1 HE/ed/LegConsultantVerd.Res1033
2
2004-106
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROFESSIONAL SERVICES AGREEMENT
Regarding Community Facilities District No. 1033
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP (hereinafter "LBB&S") are the parties to this
Agreement.
2. LBB&S will be acting as Special Legal Counsel for the purposes of assisting City
staff relative to the formation of Community Facilities District No. 1033.
3. LBB&S shall be paid at the hourly rates set forth below:
Attorneys, Partner - $140 per hour;
Attorneys, Associate - $120 per hour;
Law Clerks - $100 per hour; and,
Paralegals - $80 per hour
The amounts expended under this agreement for attorneys fees shall not exceed
$12,000.00 without further approval of the Mayor and Common Council.
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.
LBB&S 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 attorney's fees are charged "portal to portal" (e.g., from office to City and return),
then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
7. LBB&S shall obtain approval from the CITY to retain expert consultants and other
professionals for purposes related to the subject matter of this Agreement. LBB&S 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. The costs of said expert consultants and other professionals shall not be included in
the limit for attorney's fees specified in Section 3.
He/ed [CommFacDistl 033.PSA]
1
Exhibit A
2004-106
1
2'
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8. Status reports will be submitted to CITY through the City Attorney's Office whenever
requested by the City Attorney's Office.
9. Copies of all opinions, reports, correspondence, and other documents regarding this
subject matter shall be provided to the City Attorney's Office which may reproduce same and
provide copies to other City staff.
10. No client development costs are to be included in billings.
11. No continuing education expenses are to be included in billings.
12. Final billing shall be accompanied by copies of any final reports and any other final
documents.
13. Either party may terminate this contract at will.
14. LBB&S is an independent contractor as to the CITY.
15. LBB&S 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 persons providing
service on behalf of LBB&S and all risks to such persons under this Agreement.
LBB&S 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 at least a combined single limit of $1,000,000
for bodily injury and property damage.
c) Professional Liability Insurance with limits of at least $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
4
2004-106
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
provisions of this policy are to remain unchanged."
LBB&S 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 LBB&S 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 be primary and non-contributing with any insurance
or self-insurance programs carried or administered by the CITY or other parties represented under
this Agreement.
N
2004-106
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
Dated: S— //- , 2004 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
By: Ti o
Dated: A- 2,Z- , 2004
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By:
CITY OF SAN BERNARDINO
Lf