HomeMy WebLinkAbout2002-161
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RESOLUTION NO. 2002-161
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, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY, ITS EMPLOYEES, OFFICERS AND
4 ELECTED OFFICIALS DURING THE CURRENT INVESTIGATION AND IN ANY
ENSUING LITIGATION AGAINST THE CITY BY THE U.S. DEPARTMENT OF
5 HOUSING AND URBAN DEVELOPMENT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Lewis, D' Amato,
10 Brisbois & Bisgaard and the City of San Bernardino for legal services, a copy of which is attached
11 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
12 length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the office of City
15 Clerk within sixty (60) days following effective date of the resolution.
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RLS/js [HUD.RES] 1
2002-161
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, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY, ITS EMPLOYEES, OFFICERS AND
3 ELECTED OFFICIALS DURING THE CURRENT INVESTIGATION AND IN ANY
ENSUING LITIGATION AGAINST THE CITY BY THE U.S. DEPARTMENT OF
4 HOUSING AND URBAN DEVELOPMENT..
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular
meetin
7 thereof, held on the 17th day of
8 COUNCIL MEMBERS:
9 ESTRADA
10 LIEN
11 MCGINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
IS MCCAMMACK
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June
, 2002, by the following vote, to wit
AYES
NAYS
ABSTAIN ABSENT
x
x
x
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x
a~ b.&-vJL
CITY CLERK
The foregoing Resolution is hereby approved this :).0 Ih day of June
,2002.
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Approved as to form and
24 legal content: )
25 JAMES F. PENMAN,
City Attorney
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27 By: L 7-,f~
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RLSljs IHUD,RESJ 2
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2002-161
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PROFESSIONAL SERVICES AGREEMENT
(U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT)
INVESTIGATION AND LITIGATION
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I. The CITY OF SAN BERNARDlNO (hereinafter "CITY") and the law firm of
LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
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Agreement.
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2. LDB&B will be representing the following entities and persons in the investigation
and any litigation by the U.S. Department of Housing and Urban Development involving the
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Cypress Inn Mobile Park and its residents: CITY OF SAN BERNARDINO, its employees, officers
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and elected officials. LDB&B shall not represent any client in any type of claim against the CITY
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without prior written approval to do so from the CITY OF SAN BERNARDlNO through the City
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Attorney's Office.
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3. LDB&B shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$10,000 without further approval of the Mayor and Common Council.
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4. Bills shall be submitted at least quarterly.
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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.
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LDB&B may in:b::e a single charge in an amount not to exceed four percent (4%) of fees in lieu
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of reimbursement for photocopying, telephone charges, and postage.
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6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
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return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
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7. LDB&B shall obtain approval from the CITY to retain expert consultants and other
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professionals (not including court reporters) for purposes of defending the litigation. LDB&B 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
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RLS/js [HUD.AGR]
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20(2-161
1 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
2 Finance Department.
3 8. Status reports will be submitted to CITY through the City Attorney's Office
4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
5 to set reserves, including, without limitation, potential liability exposure and percentage of fault
6 shall be included.
7 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
8 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
9 in this, or other litigation.
10 10. Copies of any correspondence and other documents sent to any of the defendants
11 in this action shall also be provided to the CITY through the City Attorney's Office.
12 II. Any and all settlements shall require CITY approval. Request for settlement
13 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
14 approvals.
15 12. In the event the settlement value of the case appears to exceed $50,000, the City
16 Attorney's Office shall be notified immediately.
17 13. Only Joseph Arias of LEWIS, D' AMATO, BRISBOIS & BISGAARD or other
18 senior 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. LDB&B 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. LDB&B is an independent contractor as to the CITY.
27 19. LDB&B shall maintain the following types of insurance with limits as shown:
28 a) Workers Compensation as required by the laws ofthe State
RLS(js [IlUD.AGR] 2
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2002-161
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of California, including Employment Liability with $250,000 limits
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covering all persons providing service on behalf of LDB&B and all risks
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to such persons under this Agreement. LDB&B shall require its Workers
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Compensation carrier to waive all rights of subrogation against the CITY
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and its officers and employees and any others for whom services are being
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provided under this Agreement.
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b)
Comprehensive General and Automobile Liability
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Insurance coverage to include contractual coverage and automobile
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coverage for owned, hired and non-ownec vehicles. The policy shall have
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at least a combined single limit of $ 1,000,000 for bodily injury and
property damage.
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c)
Professional Liability Insurance with limits of at least
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$ I ,000,000 per claim. In lieu of naming the CITY as an additional
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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."
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LDB&B shall furnish certificates of insurance and certified copies of all policies
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and endorsements to the City Attorney's Office evidencing the insurance coverage above required
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prior to th", com!nencement of performance of services hereunder, which certificates shall provide
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that such insurance shall not be terminated or expire without thirty (30) days written notice to the
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City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
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performance of services hereunder until the completion of such services.
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All policies, with respect to the insurance coverage above required, except for the
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Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
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their employees, agents, volunteers and officers as additional named insured with respect to
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RLS/js [HUD.AGR]
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2002-161
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1 liabilities arising out of the performance of services hereunder.
2 All policies required above are to be primary and non-contributing with any
3 insurance or self-insurance programs carried or administered by the CITY or other parties
4 represented under this Agreement.
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All communications and billings to the CITY are to be directed as follows:
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DATED: b - 30 ,2002
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DATED: June 20,2002
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24 Approved as to form and
legal content:
25
JAMES F. PENMAN,
26 City Attorney
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a
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LEWIS, D'AMATO, BRISBOIS & BISGAARD
y: oseph Arias
CITY OF SAN BERNARDINO
n
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\J t( ( (.<.-
By: }tl1ithvalles, Mayor
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