HomeMy WebLinkAbout2001-272
RESOLUTION NO. 2001-272
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS
3 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASES OF AVILA CONSTRUCTION, INC. V. CITY OF SAN
4 BERNARDINO, ET AL. AND DAVID M. SANBORN, DBA SANBORN PIPELINE CONTRACTORS V.
AVILA CONSTRUCTION, INC., ET AL.
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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 Professional Services Agreements between Lewis, D'Amato,
Brisbois & Bisgaard and the City of San Bernardino for legal services, copies of which are
attached hereto marked Exhibit "A" and "B" and incorporated herein by reference as fully as
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though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreements are 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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RI.S/js [SANBORN.RES]
2001-272
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS
2 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASES OF AVILA CONSTRUCTION, INC. V. CITY OF SAN
3 BERNARDINO, ET AL. AND DAVID M. SANBORN, DBA SANBORN PIPELINE CONTRACTORS V.
AVILA CONSTRUCTION, INC., ET AL.
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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 joint regular
meetin
,2001, by the following vote, to wit
ABSTAIN ABSENT
~ fJ,~
CITY CLERK
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The foregoing Resolution is hereby approved this (, Tk... , day of
September , 2001.
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23 Approved as to form and
legal content:
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JAMES F. PENMAN,
25 City Attorney
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27 By: (L~ t.Po~
{} ,
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2001-272
PROFESSIONAL SERVICES AGREEMENT
Avila Construction, Inc. v. City of San Bernardino
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the pal1ies to this
Agreement.
2. LDB&B will be representing the following entities in this litigation: CITY OF
SAN BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
without prior written approval to do so trom the CITY OF SAN BERNARDINO through the City
Attorney's Office.
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.
The amounts expended under this agreement for attorneys fees shall not exceed
$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,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
LDB&B may inclllJe a single charge in an amount not to exceed four percent (4%) of fees in lieu
of reimbursement for photocopying. telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
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,
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
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
Finance Department.
8. Status reports will be submitted to CITY through the City Attorney's Office
RLS/js [A VILAAGR] 1
2001-272
1 whenever any signiticant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including. without limitation, potential liability exposure and percentage of fault
3 shall be included.
4 9. Copies of all opinions, pleadings. discovery and motions shall be provided to the
5 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
6 in this. or other litigation.
7 10. Copies of any correspondence and other documents sent to any of the defendants
8 in this action shall also be provided to the CITY through the City Attorney's Office.
9 II. Any and all settlements shall require CITY approval. Request for settlement
10 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
11 approvals.
12 12. I!' the event the settlement value of the case appears to exceed $50.000. the City
13 Attorney's Office shall be notified immediately.
14 13. Only Joseph Arias of LEWIS. D'AMATO, BRISBOIS & BISGAARD or other
15 senior attorney approved by the CITY shall try this case.
16 14. No client development costs are to be included in billings.
17 15. No continuing education expenses are to be included in billings.
18 16. Final billing shall be accompanied by copies of the Request for Dismissal,
19 Satisfaction of Judgment, Release and any other final documents.
20 17. Either party may terminate this contract at will. LDB&B will continue to represent
21 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
22 another attorney.
23 18. LDB&B is an independent contractor as to the CITY.
24 19. LDB&B shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws ofthe State
26 of California, including Employment Liability with $250,000 limits
27 covering all persons providing service on behalf of LDB&B and all risks
28 to such persons under this Agreement. LDB&B shall require its Workers
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2001-272
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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
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at least a combined single limit of $1.000,000 for bodily injury and
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property damage.
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c)
Professional Liability Insurance with limits of at least
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$1,000,000 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 the commencement 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
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.
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any
msurance or self-insurance programs carried or administered by the CITY or other parties
Rl.S/js [A VILA.AGR]
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2001-272
1 represented und~r this Agreement.
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All communications and billings to the CITY are to be directed as follows:
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DATED:,~, 2001
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DATED: "I Ie ,2001
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21 Approved as to form and
legal content:
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JAMES F. PENMAN,
23 City Attorney
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25 By:
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RLS/js [A VILA.AGR]
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
LEWIS, 0' AMATO, BRISBOIS & BISGAARD
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:..~C.~d.O'd. -'
Joseph Arias
CITY OF SAN BERNARDINO
i)
( (t:~
Valles, Mayor
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2001-272
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PROFESSIONAL SERVICES AGREEMENT
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David M. Sanborn, dba D.M. Sanborn Pipeline Construction v.
Avila Construction, Inc., et al.
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1. 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
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Agreement.
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LDB&B will be representing the following entities in this litigation: CITY OF
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SAN BERNARDINO. 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 ti'om the CITY OF SAN BERNARDINO through the City
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 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.
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5. The actual eost 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 include a single charge in an amount not to exceed four percent (4%) of fees in lieu
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 otlice to court and
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,
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
/J 1"--1'
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::ITY
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pay it directly. Consultants shall not bill the CITY directly w
:~-:?,)I c'-i.....
iTY'S
Finance Department.
.J~ -, ( I
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RLS/js [SANBORN.AGR]
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2001-272
1 8. Status reports will be submitted to CITY through the City Attorney's Otlice
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.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's OHice which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8 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.
10 11. 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.
13 12. In the event the settlement value of the case appears to exceed $50,000, the City
14 Attorney's Office shall be notified immediately.
15 13. Only Joseph Arias of LEWIS, D'AMATO. BRISBOIS & BISGAARD or other
16 senior attorney approved by the CITY shall try this case.
17 14. ;\!o client development costs are to be included in billings.
18 15. No continuing education expenses are to be included in billings.
19 16. Final billing shall be accompanied by copies of the Request for Dismissal,
20 Satisfaction of Judgment, Release and any other final documents.
21 17. Either party may terminate this contract at will. LDB&B will continue to represent
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another attorney.
24 18. LDB&B is an independent contractor as to the CITY.
25 19. LDB&B shall maintain the following types of insurance with limits as shown:
26 a ) Workers Compensation as required by the laws of the State
27 of California, including Employment Liability with $250,000 limits
28 covering "l; persons providing service on behalf of LDB&B and all risks
RLS/js [SANBORN.AGR] 2
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2001-272
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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-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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c)
Professional Liability Insurance with limits of at least
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$1,000,000 per claim. In lieu of naming the CITY as an additional
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insured, ihe policy may be endorsed as follows:
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"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 trom 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
prior to the commencement 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
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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,\.O policies, with respect to the insurance coverage above required, except for the
Workers Compensation insurance coverage and professional liability coverage, if applicable. shall
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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
liabilities arising out of the performance of services hereunder.
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All policies required above are to be primary and non-contributing with any
RLS/js [SANBORN.AGR]
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2001-272
1 insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
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20.
All communications and 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:~/~2001
LEWIS, D'AMATO. BRISBOIS & BISGAARD
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DATED: crjr" , 2001
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CITY OF SAN BERNARDINO
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it (L...---
Valles, Mayor
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22 Approved as to form and
legal content:
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JAMES F. PENMAN,
24 City Attorney
RLS/js [SANBORN.AGR)
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