HomeMy WebLinkAbout2001-349
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RESOLUTION NO. 2001-349
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY
ATTORNEY'S OFFICE CONCERNING THE REVIEW, APPLICATION AND ENFORCEMENT OF ITS
4 ADULT ENTERTAINMENT LICENSE ORDINANCE AND RELATED MATTERS,
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 Best, Best & Krieger
9 and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit
10 "A" and incorporated herein by reference as fully as though set forth at length.
II SECTION 2. The authorization granted hereunder shall expire and be void and of no further
12 effect if the agreement is not exeeuted by both parties and returned to the offiee of the City Clerk
13 within sixty (60) days following the effective date of the resolution.
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RLS/js [BBKRES] I
2001-349
I RESOLUTlON OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDlNO AUTHORIZlNG THE EXECUTlON OF A PROFESSIONAL SERVICES AGREEMENT
2 BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDlNO TO ADVISE THE ClTY
ATTORNEY'S OFFICE CONCERNlNG THE REVIEW, APPLlCATlON AND ENFORCEMENT OF lTS
3 ADULT ENTERT AlNMENT LlCENSE ORDlNANCE AND RELATED MATTERS.
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 19th day of
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
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~ob.{L;~aJ, Jv'fMtH .
CITY CLERK' a
The foregoing Resolution is hereby approved this 1- / day of
November,2001.
1 () /1/) "1___
9~ r:/~ '
Frank Schnetz, Mayor Pro Tem
City of San Bernardino
Approved as to form and
23 legal eontent:
24 JAMES F. PENMAN,
City Attorney
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RLS/js IBBK.RES]
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2001-349
EXHIBIT "A"
1 PROFESSIONAL SERVICES AGREEMENT
2 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 BEST, BEST & KRIEGER LLP (hereinafter "BB&K") are the parties to this Agreement.
4 2. BB&K will advise the City Attorney's Office concerning the review, application
5 and enforcement of the City's adult entertainment license ordinance and related matters. BB&K
6 shall not represent any client in any type of claim against the CITY without prior written approval
7 to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
8 3. BB&K shall be paid at the hourly rates set forth below:
9 Partners - $185.00 per hour;
lO Senior Associates - $150.00 per hour;
II Junior Associates - $125.00 per hour; and
l2 Paralegals - $100.00 per hour.
l3 The amounts expended under this Agreement for attorneys fees shall not exeeed
l4 $10,000 without further approval of the Mayor and Common Council.
l5 4. Bills shall be submitted at least quarterly.
l6 5. The actual eost for any fees, telephone eharges, photoeopying, postage, lodging,
l7 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
l8 BB&K may include a single eharge in an amount not to exceed four percent (4%) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to office and
2l 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 to retain expert consultants and other
23 professionals for purposes of completing its services under this Agreement. BB&K may, if it
24 chooses, pay the fees and charges of such eonsultants and other professionals and seek
25 reimbursement from CITY on its periodic statement, or it may forward the bill(s) of the afore-
26 mention consultants and other professionals to CITY with a request that the CITY pay it direetly.
27 Consultants and other professionals shall not bill the CITY directly without prior approval of the
28 CITY'S Finanee Department.
RLS/js (BBK.AGR]
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2001-349
EXHIBIT "A"
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8.
All opinions, reports, and other documents generated by BB&K as a result of
2 completing its services under this Agreement shall be submitted directly to the City Attorney.
3
9.
10.
11.
12.
13.
14.
No client development costs are to be included in billings.
No eontinuing education expenses are to be included in billings.
Final billing shall be accompanied by all final documents.
Either party may terminate this contract at will.
BB&K is an independent contractor as to the CITY.
BB&K shall maintain the following types of insuranee 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 persons providing service on behalf of BB&K and all risks to
such persons under this Agreement. BB&K shall require its Workers
Compensation carrier to waive all rights of subrogation against the CITY
and its offieers and employees and any others for whom services are being
provided under this Agreement.
oj
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 $1,000,000 for bodily injury and
property damage.
e)
Professional Liability Insurance with limits of at least
$1,000,000 per claim. In lieu of naming the CITY as an additional
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 services, provided such liability results
from an error, omission or negligent aet of the insured, its officers,
employees, agents or subcontractors. All other provisions of this policy
are to remain unchanged."
BB&K shall furnish certificates of insurance and certified copies of all policies and
RLS/js [BBK.AGR]
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2001-349
EXHIBIT "A"
I
1 endorsements to the City Attorney's Office evidencing the insurance eoverage above required prior
2 to the commencement of performanee of services hereunder, which certifieates shall provide that
3 such insuranee shall not be terminated or expire without thirty (30) days written notice to the City
4 Attorney's Office, and shall maintain such insurance from the time BB&K commences performance
5 of services hereunder until the completion of such services.
6 All policies, with respect to the insurance eoverage above required, except for the
7 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
8 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
9 their employees, agents, volunteers and officers as additional named insured with respect to
lO liabilities arising out of the performance of serviees hereunder.
II All policies required above are to be primary and non-contributing with any
l2 insurance or self-insuranee programs carried or administered by the CITY or other parties
l3 represented under this Agreement.
l4
15.
All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DATED:
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,2001
BEST, BEST & KRIEGER LLP
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By:
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DATED:
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,2001
CITY OF SAN BERNARDINO
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By:
Approved as to form and
25 legal content:
26 JAMES F. PENMAN,
City Attorney
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28 By:
RLs/js [BBK.AGR]
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2001-349
1
PROFESSIONAL SERVICES AGREEMENT
2
I.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 BEST, BEST & KRIEGER LLP (hereinafter "BB&K") are the parties to this Agreement.
4
2.
BB&K will advise the City Attorney's Office eoncerning the review, application
5 and enforcement of the City's adult entertainment license ordinanee and related matters. BB&K
6 shall not represent any client in any type of claim against the CITY without prior written approval
7 to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
8
,
j.
BB&K shall be paid at the hourly rates set forth below:
9 Partners - $185.00 per hour;
lO Senior Assoeiates - $150.00 per hour;
11 Junior Associates - $125.00 per hour; and
l2 Paralegals - $100.00 per hour.
13 The amounts expended under this Agreement for attorneys fees shall not exceed
l4 $10,000 without further approval of the Mayor and Common Couneil.
l5
4.
Bills shall be submitted at least quarterly.
l6
5.
The actual eost for any fees, telephone eharges, photoeopying, postage, lodging,
l7 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
l8 BB&K may include a single eharge in an amount not to exceed four percent (4%) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20
6.
If attorney's fees are eharged "portal to portal" (e.g., from office to office and
2l 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 to retain expert consultants and other
23 professionals for purposes of eompleting its services under this Agreement. BB&K may, if it
24 chooses, pay the fees and charges of such consultants and other professionals and seek
25 reimbursement from CITY on its periodic statement, or it may forward the bill(s) of the afore-
26 mention consultants and other professionals to CITY with a request that the CITY pay it directly.
27 Consultants and other professionals shall not bill the CITY directly without prior approval of the
28 CITY'S Finance Department.
RLS/js [BBK.AGR]
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2001-349
1
8.
All opinions, reports, and other documents generated by BB&K as a result of
2 eompleting its services under this Agreement shall be submitted directly to the City Attorney.
3
9.
No client development eosts are to be included in billings.
4
10.
No continuing edueation expenses are to be included in billings.
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11.
Final billing shall be accompanied by all final documents.
6
12.
Either party may terminate this eontract at will.
7
13.
BB&K is an independent eontractor as to the CITY.
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14.
BB&K shall maintain the following types of insurance with limits as shown:
9
a)
Workers Compensation as required by the laws of the State
lO
of CaniiJrnia, including Employment Liability with $250,000 limits
covering all persons providing serviee on behalf of BB&K and all risks to
11
12
such persons under this Agreement. BB&K shall require its Workers
13
Compensation carrier to waive all rights of subrogation against the CITY
l4
and its officers and employees and any others for whom services are being
l5
provided under this Agreement.
l6
b)
Comprehensive General and Automobile Liability
l7
Insurance eoverage to include eontractual coverage and automobile
l8
coverage for owned, hired and non-owned vehicles. The poliey shall have
19
at least a combined single limit of $1,000,000 for bodily injury and
20
property damage.
2l
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
23
insured, the 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 serviees, provided such liability results
from an error, omission or negligent act of the insured, its officers,
employees, agents or subcontraetors. All other provisions of this poliey
are to remain unchanged."
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BB&K shall furnish certificates of insurance and eertified copies of all policies and
RLS/js [BBK.AGR]
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2001-349
1 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
2 to the commencement of performance of services hereunder, which certificates shall provide that
3 such insurance shall not be terminated or expire without thirty (30) days written notiee to the City
4 Attorney's Office, and shall maintain such insurance trom the time BB&K commences performanee
5 of services hereunder until the completion of such services.
6 All policies, with respeet to the insuranee eoverage above required, exeept for the
7 Workers Compensation insuranee coverage and professional liability coverage, if applieable, shall
8 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
9 their employees, agents, volunteers and officers as additional named insured with respect to
lO liabilities arising out of the performanee of services hereunder.
II \:' policies required above are to be primary and non-contributing with any
l2 lllsuranee or self-insuranee programs earried or administered by the CITY or other parties
l3 represented under this Agreement.
l4
15.
All eommunieations and billings to the CITY are to be directed as follows:
l7
OATED:'tlEt..~, 2001
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
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BEST. BEST & KRIEGER LLP
~,~
By:
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2l
DATED: Mil J./ ,2001
CITY OF SA~ BERNARDI~O
l~(%
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Approved as to form and
25 legal content:
26 JAMES F. PENMAN,
City Attorney
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