HomeMy WebLinkAbout2002-272
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RESOLUTION NO.
2002-272
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND
THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE
4 BOARD IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED
DISCIPLINARY ACTION.
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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, Brisbois,
Bisgaard & Smith 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.
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HTC/js [AGR,RES]
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2002-272
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND
THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE
3 BOARD IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED
DISCIPLINARY ACTION.
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5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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The foregoing Resolution is hereby approved tho ~ /S" day of
August
,2002.
22 Approved as to form and
legal content:
ITH VALLES, Mayor
of San Bernardino
23
JAMES F. PENMAN,
24 City Attorney
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26 By: \"tt'hv-? f
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HTC/js [AGR,RES]
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2002-272
1.
PROFESSIONAL SERVICES AGREEMENT
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement.
4
2.
LBB&S will be advising and assisting the Civil Service Board in all administrative
5 andlor judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald
6 VanRossum. LBB&S shall not represent any client in any type of claim against the CITY without
7 prior written approval to do so from the CITY OF SAN BERNARDINO through the City
8 Attorney's Office.
9
3,
LBB&S shall be paid at the hourly rates set forth below:
10 Attorneys - $125,00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts expended under this Agreement for attorneys fees shall not exceed
13 $20,000 without further approval of the Mayor and Common Council.
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15
4.
5.
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
17 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
18 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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20 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
7.
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22 approved by the CITY shall advise and assist the Civil Service Board.
Only David Gondek of Lewis, Brisbois, Bisgaard & Smith, or other senior attorney
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8.
9.
10.
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No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either party may terminate this contract at wilL LBB&S will continue to advise
26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter
27 and file are transferred to another attorney.
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II.
HTC [LBBS.AGR]
LBB&S is an independent contractor as to the CITY.
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Exhibit "A"
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2002-272
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12.
LBB&S shall maintain the following types of insurance with limits as shown:
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a)
Workers Compensation as required by the laws of the State
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of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of LSB&S and all risks
to such persons under this Agreement. LSB&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
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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-owned vehicles, The policy shall have
at least a combined single limit of $1,000,000 for bodily injury and
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13
property damage.
14
c)
Professional Liability Insurance with limits of at least
15 $1,000,000 per claim. In lieu of naming the CITY as an additional
16 insured, the policy may be endorsed as follows:
17 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
18 Agreement with the CITY OF SAN BERNARDINO for
legal services, provided such liability results from an error,
19 omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions
20 of this policy are to remain unchanged."
21 LBB&S shall furnish certificates of insurance and certified copies of all policies
22 and endorsements to the City Administrator's Office evidencing the insurance coverage above
23 required prior to the commencement of performance of services hereunder, which certificates shall
24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S
26 COmmences performance of services hereunder until the completion of such services.
27 All policies, with respect to the insurance coverage above required, except for the
28 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
HTC [LBBSAGR]
2
Exhibit "A"
2002-272
1 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named
3 insured with respect to liabilities arising out of the performance of services hereunder.
4 All policies required above are to be primary and non-contributing with any
5 insurance or self-insurance programs carried or administered by the CITY or other parties
6 represented under this Agreement.
7
13.
All 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
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DATED:
12
,2002
LEWIS, BRISBOIS, BlSGAARD & SMITH
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By: Timothy Sabo
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DATED:
17
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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24 Approved as to form and
legal content:
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JAMES F. PENMAN,
26 City Attorney
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By:
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3
Exhibit "A"
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2
2002-272
PROFESSIONAL SERVICES AGREEMENT
I.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement.
4
2.
LBB&S will be advising and assisting the Civil Service Board in all administrative
5 and/or judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald
6 VanRossum. LBB&S shall not represent any client in any type of claim against the CITY without
7 prior written approval to do so from the CITY OF SAN BERNARDINO through the City
8 Attorney's Office.
9
3.
LBB&S shall be paid at the hourly rates set forth below:
10 Attorneys - $125.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts expended under this Agreement for attorneys fees shall not exceed
13 $20,000 without further approval of the Mayor and Common CounciL
14
4.
5.
Bills shall be submitted at least quarterly.
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
15
17 LBB&S may include a single charge in an amount not to exceed four percent (4%) offees in lieu
18 of reimbursement for photocopying, telephone charges, and postage.
19
6,
If attorney's fees are charged "portal to portal" (e.g., from office to court and
20 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
21
7.
22 approved by the CITY shall advise and assist the Civil Service Board.
Only David Gondek of Lewis, Brisbois, Bisgaard & Smith, or other senior attorney
23
8.
9.
10.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either party may terminate this contract at will. LBB&S will continue to advise
26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter
24
25
27 and file are transferred to another attorney.
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HTC [I.BBS.AGRj
11.
LBB&S is an independent contractor as to the CITY.
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2002-272
1
12.
LBB&S shall maintain the following types of insurance with limits as shown:
2
a)
Workers Compensation as required by the laws of the State
3
of California, including Employment Liability with $250,000 limits
5
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
4
6
7
and its officers and employees and any others for whom services are being
8
provided under this Agreement.
9
b)
Comprehensive General and Automobile Liability
10
Insurance coverage to include contractual coverage and automobile
11
coverage for owned, hired and non-owned vehicles. The policy shall have
12
at least a combined single limit of $1,000,000 for bodily injury and
13
property damage.
14
c)
Professional Liability Insurance with limits of at least
15 $1,000,000 per claim. In lieu of naming the CITY as an additional
16 insured, the policy may be endorsed as follows:
17 "Insurance coverage afforded by this policy shall
also apply to the liability asswned by the Insured under the
18 Agreement with the CITY OF SAN BERNARDINO for
legal services, provided such liability results from an error,
19 omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions
20 of this policy are to remain unchanged."
21 LBB&S shall furnish certificates of insurance and certified copies of all policies
22 and endorsements to the City Administrator's Office evidencing the insurance coverage above
23 required prior to the commencement of performance of services hereunder, which certificates shall
24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S
26 commences performance of services hereunder until the completion of such services.
27 All policies, with respect to the insurance coverage above required, except for the
28 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
HTC [LHHS.AGRj
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2002-272
1 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named
3 insured with respect to liabilities arising out ofthe performance of services hereunder.
4 All policies required above are to be primary and non-contributing with any
5 insurance or self-insurance programs carried or administered by the CITY or other parties
6 represented under this Agreement.
7
13.
All billings to the CITY are to be directed as follows:
8
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DATED: ~ "sf ~~ ,2002
LEWIS, BRISBOIS, BISGAARD & SMITH
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c::~
By: Timothy bo
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DATED: I).UiO(!Jr ,;)./
CITY OF SAN BERNARDINO
,2002
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~.
Valles, Mayor
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24 Approved as to form and
legal content:
25
JAMES F, PENMAN,
26 City Attorney
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