HomeMy WebLinkAbout2003-044
RESOLUTION NO. 2003-44
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY AND ITS POLICE EMPLOYEES IN THE
4 CASE OF ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO; SAN BERNARDINO
POLICE OFFICERS ERNESTO ANTILLON, MIKE GOLUBIC, SGT. SCHWENKA,
5 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
9 execute on behalf of said City a Professional Services Agreement between Lewis, Brisbois, Bisgaard
10 & Smith and the City of San Bernardino forlegal services, a copy of which is attached hereto marked
II Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no further
13 effect if the agreement is not executed by both parties and returned to the office of City Clerk within
14 sixty (60) days following the effective date of the resolution.
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2003-44
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY AND ITS POLICE EMPLOYEES IN THE
3 CASE OF ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO; SAN BERNARDINO
POLICE OFFICERS ERNESTO ANTILL ON, MIKE GOLUBIC, SGT. SCHWENKA,
4 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held
7 on the 18t!layof February ,2003, by the following vote, to wit:
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. R chel Clark, Ci y Clerk
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The foregoing Resolution is hereby approved thisde)71" day of February, 2003
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J Suarez, Mayor Pro Tern
City of San Bernardino
Approved as to form
and legal content:
26 JAMES F. PENMAN
City Attorney
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2003-44
PROFESSIONAL SERVICES AGREEMENT
2 ADRIAN EUGENE MOORE V. CITY OF SAN BERNARDINO; SAN BERNARDINO
POLICE OFFICERS ERNESTO ANTILLON, MIKE GOLUBIC, SGT. SCHWENKA,
3 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE
(United States District Court Case No. EDCV 01-03074 DDP (RZ)
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
6 LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "LBB&S") are the parties to this
7 Agreement.
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2.
LBB&S will be representing the following entities and persons in this litigation:
9 CITY OF SAN BERNARDINO; SAN BERNARDINO POLICE OFFICERS ERNESTO
10 ANTILLON, MIKE GOLUBIC, SGT. SCHWENKA, BUSTAMANTE, QUIROZ, AND LEE
I I DEAN, CHIEF OF POLICE. LBB&S shall not represent any client in any type of claim against the
12 CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the
13 City Attomey's Office.
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3.
LBB&S shall be paid at the hourly rates set forth below:
15 Attorneys - $125.00 per hour; and,
16 Law Clerks/Paralegals - $50.00 per hour.
17 The amounts expended under this agreement for attorneys fees shall not exceed
18 $25,000 without further approval of the Mayor and Common Council.
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Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
21 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
22 LBB&S may include a single charge in an amount not to exceed four percent (4%) offees in lieu of
23 reimbursement for photocopying, telephone charges, and postage.
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6.
Ifattorney's fees are charged "portal to portal" (e.g., from office to court and return),
25 then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
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7.
LBB&S shall obtain approval from the CITY to retain expert consultants and other
27 professionals (not including court reporters) for purposes of defending the litigation. LBB&S may,
28 if it chooses, pay the fees and charges of such consultants and seek reimbursement form CITY on
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2003-44
its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
2 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
3 Finance Department.
4 8. Status reports will be submitted to CITY through the City Attorney's Office whenever
5 any signi ficant event occurs, and in any event at least quarterly. Information sufficient to set
6 reserves, including, without limitation, potential liability exposure and percentage of fault shall be
7 included.
8 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
9 Attorney's Office which may reproduce same and provide copies to other parties or attomeys in this,
10 or other litigation.
11 10. Copies of any correspondence and other documents sent to any ofthe defendants in
12 this action shall also be provided to the CITY through the City Attorney's Office.
13 II. Any and all settlements shall require CITY approval. Request for settlement authority
14 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
15 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
16 Attorney's Office shall be notified immediately.
17 13. Only Joseph Arias of LEWIS, BRISBOIS, BISGAARD & SMITH or other senior
18 attorney approved by the City shall try this case.
19 14. No client development costs are to be included in billings.
20 15. No continuing education expenses are to be included in billings.
21 16. Final billing shall be accompanied by copies of the Request for Dismissal,
22 Satisfaction of Judgment, Release and any other final documents.
23 17. Either party may terminate this contract at will. LBB&S will continue to represent
24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
25 another attorney.
26 18. LBB&S is an independent contractor as to the CITY.
27 19. LBB&S shall maintain the following types of insurance with limits as shown:
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2003-44
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.
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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
provisions of this policy are to remain unchanged."
18 LBB&S shall furnish certificates of insurance and certified copies of all policies and
19 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
20 to the commencement of performance of services hereunder, which certificates shall provide that
21 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
22 Attorney's Office, and shall maintain such insurance fi'om the time LBB&S commences performance
23 of services hereunder until the completion of such services.
24 All policies, with respect to the insurance coverage above required, except for the
25 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
26 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
27 their employees, agents, volunteers and officers as additional named insured with respect to
28 liabilities arising out of the performance of services hereunder.
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All policies required above are to be primary and non-contributing with any insurance
2 or self-insurance programs carried or administered by the CITY or other parties represented under
3 this Agreement.
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8 Dated: 3 - 3
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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
,2003
LEWIS, BRISBOIS, BISGAARD & SMITH
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13 Dated: fi:j'~ dO ,2003
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19 Approved as to form and
legal content:
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21 JAMES F. PENMAN,
City Attorney
22 By: L Ii ew-..
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CITY OF SAN BERNARDINO ~.
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B oe Suarez, Mayor Pro Tem
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