HomeMy WebLinkAbout2002-327
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RESOLUTION NO. 2002-327
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO
FOR AN ANALYSIS OF THE PROPOSED SAN BERNARDINO CITY PROFESSIONAL
4 FIREFIGHTERS' WELFARE BENEFIT PLAN AND SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS' WELFARE BENEFIT PLAN AND TRUST-TRUST AGREEMENT.
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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 Service Agreement between Best, Best & Krieger
10 and the City of Sa!' Bernardino for legal 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
13 further effect if the agreement is not executed by both parties and returned to the office of the City
14 Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION NO. 2002-327
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO
FOR AN ANALYSIS OF THE PROPOSED SAN BERNARDINO CITY PROFESSIONAL
4 FIREFIGHTERS' WELFARE BENEFIT PLAN AND SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS' WELFARE BENEFIT PLAN AND TRUST-TRUST AGREEMENT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
;oint regular
meeting
8 thereof, held on the 7 th day of
9 wit:
October
, 2002, by the following vote, to
10 COUNCIL MEMBERS:
II ESTRADA
12 LIEN
13 MCGINNIS
14 DERRY
15 SUAREZ
16 ANDERSON
17 MCCAMMACK
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NAYS
ABSTAIN ABSENT
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~ CITY CLERK
2002.
The foregoing Resolution is hereby approved this lOTI!- day of October
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Esther Estrada, Mayor Pro Tern
City of San Bernardino
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Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By: ~.-...~ 7,.~"?/#-,,-^--
Sa~RFIRERES]
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2002-327
1 PROFESSIONAL SERVICES AGREEMENT
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3 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 BEST, BEST & KRIEGER (hereinafter "BB&K") are the parties to this Agreement.
5 2. BB&K will be representing CITY OF SAN BERNARDINO, for the purpose of
6 rendering legal services for an analysis of the proposed San Bernardino City Professional Firefighters
7 Welfare Benefit Plan and San Bernardino City Professional Firefighters Welfare Benefit Plan and
8 Trust-Trust Agreement and the impact on the City of San Bernardino in the event of non-compliance
9 with applicable law or plan insolvency.
10 3. BB&K shall be paid for all work on said case by the CITY OF SAN
11 BERNARDINO at the hourly rates set forth below:
12 Peter Barmack - $290 per hour;
13 John Wahlin - $290 per hour.
14 4. Bills shall be submitted to the City Attorney's Office on a monthly basis. The total
15 payments for attorney's fees and costs shall not exceed $5,000 without the prior approval of the
16 CITY.
17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for
19 reimbursement.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then BB&K shall not be entitled to reimbursement for mileage and parking fees.
22 7. BB&K shall obtain approval from the City Attorney's Office to retain expert
23 consultants and other professionals (not including court reporters) for purposes ofrepresenting the
24 CITY OF SAN BERNARDINO. BB&K may, if it chooses, pay the fees and charges of such
25 consultants and seek reimbursement from the CITY through the City Attorney's Officc on its
26 periodic statement.
27 8. Status reports will be submitted to CITY through the City Attorney's Office
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2002-327
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3 agreement.
4 ] 1. No client development costs are to be included in billings.
5 ] 2. No continuing education expenses are to be included in billings.
6 ]3. Either CITY or BB&K may terminate this contract at will. BB&K will continue
7 to represent the CITY OF SAN BERNARDINO on the terms and conditions in this Agreement until
8 the case and file are transferred to another attorney.
]4. BB&K is an independent contractor as to the CITY.
IS. BB&K shall maintain the following types of insurance with limits as shown:
a) Workers Compensation as required by the laws of the State of
California.
Copies of all opinions shall be provided to the City Attorney's Office.
Peter Barmack and John Wahlin shall perform the legal work set forth in this
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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
$] ,000,000 ior bodily injury and property damage.
c) Professional Liability Insurance with limits of at least $1,000,000
per claim.
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2002-327
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All communications and billings to the CITY are to be
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6 DATED: *, 2002
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DATED.IO-I() 2002
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Approved as to Form and
15 Legal Content:
16 James F. Penman
City Attorney
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street, Room 668
San Bernardino, CA 92418
CITY OF SAN BERNARDINO
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By: Esther Estrada, Mayor Pro Tern
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