HomeMy WebLinkAbout2002-385
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RESOLUTION NO. 2002-385
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 INTHE CASE OF PRA VIN D. PATEL v. CITY OF SAN
4 BERNARDINO, ET AL
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Lewis, Brisbois,
9 Bisgaard & Smith and the City of San Bernardino for legal services, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
11 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 City
14 Clerk within sixty (60) days following effective date of the resolution.
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RLS/js [PRA VINPATELRESOj 1
2002-385
1 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 IN THE CASE OF DANIEL CIM l'ENS v. CITY OF
3 SAN BERNARDINO, et af. fJt?~ V'N i). PAn <
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular
meeting thereof,
6 held on the 16th day of December
, 2002, by the following vote, to wit:
7 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA x
9 LONGVILLE x
10 MCGINNIS x
11 DERRY x
12 SUAREZ x
13 ANDERSON x
14 MCCAMMACK x
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. CITY CLERK
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The foregoing Resolution is hereby approved this h fI, day of December
,2002.
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
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2002-385
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PROFESSIONAL SERVICES AGREEMENT
PRA VIN D. PATEL v. CITY OF SAN BERNARDINO, et al.
United States District Court Case No. EDCV 98-298 RT (V APx)
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "LBB&S") are the parties to this
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Agreement.
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2. LBB&S will be representing the following entities and persons in this litigation:
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CITY OF SAN BERNARDINO. LBB&S shall not represent any client in any type of claim against
the CiTY without prior written apprGval to do so from the CITY OF SAN BERNARDINO through
the City Attorney's Office.
3. LBB&S shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$20,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
LBB&S may include 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
return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
7. LBB&S 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. LBB&S may,
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if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
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its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
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pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
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Finance Department.
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2002-385
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Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage of fault
4 shall be included.
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Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
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10.
Copies of any correspondence and other documents sent to any of the defendants
9 in this action shall also be provided to the CITY through the City Attorney's Office.
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Any and all settlements shall require CITY approval. Request for settlement
11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
12 approvals.
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In the event the settlement value of the case appears to exceed $50,000, the City
14 Attorney's Office shall be notified immediately.
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Only Joseph Arias of LEWIS, BRISBOIS, BISGAARD & SMITH or other senior
16 attorney approved by the CITY shall try this case.
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No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of the Request for Dismissal,
20 Satisfaction of Judgment, Release and any other final documents.
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Either party may terminate this contract at will. LBB&S will continue to represent
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22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another attorney.
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LBB&S is an independent contractor as to the CITY.
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 of
California, including Employment Liability with $250,000 limits covering all
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2002-385
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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
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employees and any others for whom services are being provided under this
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Agreement.
b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
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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.
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Professional Liability Insurance with limits of at least $1 ,000,000
11 per claim. In lieu of naming the CITY as an additional insured, the policy may
12 be endorsed as follows:
13 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
14 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
15 or subcontractors. All other provisions of this policy are to remain unchanged."
16 LBB&S shall furnish certificates of insurance and certified copies of all policies
17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
18 prior to the commencement of performance of services hereunder, which certificates shall provide
19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
20 City Attorney's Office, and shall maintain such insurance from the time LBB&S commences
21 performance of services hereunder until the completion of such services.
22 All policies, with respect to the insurance coverage above required, except for the
23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
24 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
25 their employees, agents, volunteers and officers as additional named insured with respect to
26 liabilities arising out of the performance of services hereunder.
27 All policies required above are to be primary and non-contributing with any
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2002-385
1 insurance or self-insurance programs carried or administered by the CITY or other parties
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2 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: 1~/0.3, 2e62'-
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DATED:I)~I')j ,2002
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22 Approved as to form and
legal content:
JAMES F. PENMAN,
24 City Attorney
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By: ~ 7/~
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LEWIS, BRISBOIS, BISGAARD & SMITH
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CITY OF SAN BERNARDINO
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