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Home My WebLink About2002-049 . l I RESOLUTION NO. 2002-49 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT 3 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 4 BERNARDINO IN THE CASE OF CALIFORNIA BIO-MASS, et at. v. CITY OF SAN BERNARDINO, et al. 5 6 7 8 9 10 II 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Lewis, D'Amato, Brisbois & Bisgaard and the City of San Bernardino for 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 void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within sixty (60) days following the effective date of the resolution. 15 1/1 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 RLSljs [BIO-MASS.RES] 2002-49 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT 2 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 3 BERNARDINO IN THE CASE OF CALIFORNIA BIO-MASS, et al. v. CITY OF SAN BERNARDINO, et al. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meetin day of February , 2002, by the following vote, to wit AYES x NAYS ABSTAIN ABSENT x J{ x y x x ~~{1J,~~. CITY CLERK' 0 19 20 21 22 The foregoing Resolution is hereby approved this d()1l' day of February ,2002. ~. , i (( (' G:---- JUDI;fH V ALLES, Mayor City .of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 By: ~~ f- f~ 28 (J RLSljs [BIO-MASS.RES J 2 L 2002-49 1 PROFESSIONAL SERVICES AGREEMENT 2 California Bio-Mass v. City of San Bernardino, et al. San Bernardino Superior Court Case No. 083473 3 4 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this 5 Agreement. 6 7 2. LDB&B will be representing the following entities in this litigation: CITY OF SAN BERNARDINO and THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 8 9 BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the City 10 Attorney's Office. 11 12 3. LDB&B shall be paid at the hourly rates set forth below: Attorneys - $110.00 per hour; and, Law Clerks/Paralegals - $50.00 per hour. 13 14 15 The amounts expended under this agreement for attorneys fees shall not exceed 16 $20,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least quarterly. 17 18 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. 19 20 LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu 21 of reimbursement tor photocopying, telephone charges, and postage. 22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 23 return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees. 7. LDB&B shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. LDB&B may, 24 25 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 26 27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S RLS/js [BIO-MASS.AGR] 1 2002-49 I. 1 Finance Department. 2 8. Status reports will be submitted to CITY through the City Attorney's Office 3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 4 to set reserves, including, without limitation, potential liability exposure and percentage of fault 5 shall be included. 6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 8 in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants loin this action shall also be provided to the CITY through the City Attorney's Office. 11 11. Any and all settlements shall require CITY approval. Request for settlement 12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 13 approvals. 14 12. In the event the settlement value of the case appears to exceed $50,000, the City 15 Attorney's Office ,hall be notified immediately. 16 13. Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BlSGAARD or other 17 senior attorney approved by the CITY shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. Final billing shall be accompanied by copies of the Request for Dismissal, 21 Satisfaction of Judgment, Release and any other final documents. 22 17. Either party may terminate this contract at will. LDB&B will continue to represent 23 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 24 another attorney. 25 18. LDB&B is an independent contractor as to the CITY. 26 19. LDB&B shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws ofthe State 28 of California, including Employment Liability with $250,000 limits RLS/js [BIO-MASS.AGRj 2 26 2002-49 1 covering all persons providing service on behalf of LD B&B and all risks 2 to such persons under this Agreement. LDB&B shall require its Workers 3 Compensation carrier to waive all rights of subrogation against the CITY 4 and its officers and employees and any others for whom services are being 5 provided under this Agreement. 6 b) Comprehensive General and Automobile Liability 7 Insurance coverage to include contractual coverage and automobile 8 coverage for owned, hired and non-owned vehicles. The policy shall have at least a combined single limit of $1,000,000 tor bodiiy injury and 9 10 property damage. 11 c) Professional Liability Insurance with limits of at least 12 $1,000,000 per claim. In lieu of naming the CITY as an additional 13 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." 14 15 16 17 18 LDB&B shall furnish certificates of insurance and certified copies of all policies 19 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 20 prior to the commencement of performance of services hereunder, which certificates shall provide 21 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 LDB&B commences 22 performance of services hereunder until the completion of such services. 23 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 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 liabilities arising out of the performance of services hereunder. 28 RLS/js [B10-MASS.AGR] 3 2002-49 1 All policies required above are to be primary and non-contributing with any 2 insurance or self-insurance programs carried or administered by the CITY or other parties 3 represented under this Agreement. 4 20. All communications and billings to the CITY are to be directed as follows: 5 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 6 7 DATED: 2 '1 LEWIS, D'AMATO, BRISBOIS & BISGAARD ,2002 8 9 ?/f~(?rjM~ ..By: J'Osept Arias 10 /- I i \ 11 __r- 12 DATED: Feb. 20,2002 CITY OF SAN BERNARDINO ..., 13 14 (~;' (( ({?~. By: Judith Valles, Mayor 15 16 17 18 19 20 . 21 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 BY~ f./~ 27 28 RLS/js [BIO-MASS.AGR] 4