HomeMy WebLinkAbout2000-308
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RESOLUTION NO. 2000-308
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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, D' AMATO, BRISBOIS & BISGAARD AND
THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO
4 HOTELlMOTEL ASSOCIA TION V. CITY OF SAN BERNARDINO, ET AL
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
8 directed to execute on behalf of said City a Professional Services Agreement between Lewis,
9 D' Amato, Brisbois & Bisgaard 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.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no further
12 effect if the agreement is not executed by both parties and returned to the Office of the City Clerk
13 within sixty (60) days following the effective date of the resolution.
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RLS/j, [HOTEL2.RES] I
2000-308
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, D' AMATO, BRISBOIS & BISGAARD AND
THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO
3 HOTELlMOTEL ASSOCIATION V. CITY OF SAN BERNARDINO, ET AL
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a Joint Regular meeting thereof,
, 2000, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
)iaj1dML~dl.nf) ~ iCbfJi#)
CITY ERK '(f
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The foregoing Resolution is hereby approved this )01 <l---dl\.Y of October
,2000.
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H VALLES, Mayor
San Bernardino
23 Approved as to form and
legal content:
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JAMES F. PENMAN,
25 City Attorney
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RLS/js [HOTEL2,RES]
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2000-308
PROFESSIONAL SERVICES AGREEMENT
San Bernardino HoteVMotel Ass 'n v. City of San Bernardino, et aL
I. 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
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 from 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 - $65.00 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 include a single charge in an amount not to exceed four percent (4%) offees 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 [HOTEL2.AGR] 1
Exhibit "A"
2000-308
1 whenever any significant 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 shall
3 be included.
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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.
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10.
8 in this action shall also be provided to the CITY through the City Attorney's Office.
Copies of any correspondence and other documents sent to any of the defendants
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10 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
Any and all settlements shall require CITY approval. Request for settlement
11 approvals.
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In the event the settlement value of the case appears to exceed $50,000, the City
13 Attorney's Office shall be notified immediately.
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Only Joseph Arias of LEWIS, D' AMATO, BRISBOIS & BISGAARD or other
15 senior 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,
19 Satisfaction of Judgment, Release and any other final documents,
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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.
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf ofLDB&B and all risks to
such persons under this Agreement. LDB&B shall require its Workers
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RLSljs [HOTEL2.AGR]
LDB&B is an independent contractor as to the CITY.
LDB&B shall maintain the following types of insurance with limits as shown:
a)
Workers Compensation as required by the laws of the State
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Exhibit "A"
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2000-308
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
provided under this Agreement.
b) Comprehensive General and Automobile Liability Insurance
coverage to include contractual coverage and automobile coverage for
owned, hired and non-owned vehicles. The policy shall have at least a
combined single limit of$I,OOO,OOO for bodily injury and property damage.
c) 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 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."
LDB&B shall furnish certificates of insurance and certified copies of all policies 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 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 performance
of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
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
represented under this Agreement.
RLSljs [HOTEL2.AGR]
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Exhibit "A"
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2000-308
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
DATED: I{)-~ 5 ,2000
LEWIS, D' AMATO, BRISBOIS & BISGAARD
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By: Joseph Arias
DATED: 10-1 '1 ,2000
CITY OF SAN BERNARDINO
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Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
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By:
RLSljs [HOTEL2.AGRj
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Exhibit "A"