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RESOLUTION NO. 2000-309
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 ROY GONZALES, ET AL.
4 V. CITY OF SAN BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City Professional Services Agreement between Lewis. D'Amato,
9 Brisbois & Bisgaard for legal services. a copy of which is attached hereto marked Exhibit "A" and
10 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
12 further effect if the agreement is not executed by both parties and returned to the Office of the City
13 Clerk within sixty (60) days following the effective date of the resolution.
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2000-309
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 ROY GONZALES, ET AL.
3 V. CITY OF SAN BERNARDINO.
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
meetin
6 thereof, held on the 16th
7 COUNCIL MEMBERS:
X ESTRADA
9 LIEN
10 MCGINNIS
II SCHNETZ
12 SUAREZ
13 ANDERSON
]4 MCCAMMACK
1-)
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day of Oc tober
,2000, by the following vote, to wit
AYES
NAYS
ABSTAIN ABSENT
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CITY C ERK (')"
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The foregoing Resolution is hereby approved this 19~ day of--2..ctober
,2000.
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Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
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2000-309
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PROFESSIONAL SERVICES AGREEMENT
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Roy Gonzales, et al. v. City of San Bernardino, et al.
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The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
6 Agreement.
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LDB&B will be representing the following entities in this litigation: CITY OF SAN
8 BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
9 without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
10 Attorney's Office.
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LDB&B shall be paid at the hourly rates set forth below:
12 Attorneys - $125.00 per hour; and,
13 Law ClerkslParalegals - $50.00 per hour.
14 The amounts expended undcr this Agreement for attorneys' fees shall not exceed $30,000.00
15 without further approval of the Mayor and Common Council.
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Bills shall be submitted at least quarterly.
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The actual cost for filing fees, telcphone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 LDB&B may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
20 of rcimbursemcnt for photocopying, telephone charges, and postage.
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If attorney's fees are charged "portal to portal" (c.g., from office to court and return),
22 then LDB&B shall not bc entitled to reimbursement for mileage and parking fees.
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LDB&B shall obtain approval from the CITY to retain expert consultants and other
24 professionals (not including court reporters) for purposes of defending the litigation. LDI3&B may,
25 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
26 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
27 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
28 Finance Department.
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2000-309
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8. Status reports will be submitted to CITY through the City Attorney's Office whenever
any significant event occurs. and in any event at least quarterly. Information sufficient to set
rescrves. including. without limitation. potential liability exposure and percentage of fault shall be
included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
6 Attorney's Otlice which may reproduce same and provide copies to other parties or attorneys in this.
7 or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the parties in this
9 " action shall also be prov!<ied to the CITY through the City Attorney's Otlice,
10 II, Any and all settlements shall requirc CITY approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12 12. I n the event the settlement value of the case appears to exceed $50,000. the City
13 Attorney's Omce shall be notified immediately.
14 13. Only Joseph Arias of LEWIS. D'A.~1ATO. BRISBOIS & BlSGAARD or othcr
15 senior attorney approved by the CITY shall try this case.
16 14. No client development costs arc 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.
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Either party !TIay terminate thi:-.: ':t'ntr3ct at \vi11. LDB&,B '-vill cC'lDtinue tc. 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 of the State of
26 California. including Employment Liability with $250,000 limits covering all persons
27 providing service on behalf of LDB&B and all risks to such persons under this
28 Agreement. LDB&B shall require its Workers Compensation carrier to waive all
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Octoher 10. 200{J
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2000-309
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 covcrage 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.
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 m'lY be
endorsed as follohs:
"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 hercunder until the completion of such services.
,,\11 r('!icie~. \\/itl1 rcspcc~ to the insuf?nce co\'erage iJ.nove requirr:;d, except to~' 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 insurance
or self-insurance programs carried or administered by the CITY or other parties represented under
this Agreement.
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October 10. 200n
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2000-309
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All communications and billings to the CITY are to be directed as follows:
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City Attorney's Otlice
CITY Or: SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 924 I 8
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5 DA TED: October l. s-: 2000.
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10 DATED: October I ~, 2000.
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LEWIS, D' AMATO, BRISBOIS & BISGAARD
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By: Joseph Arias
CITY OF SAN BERNARDINO
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16 Approved as to form and
legal content:
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JAMES F. PENMAN
18 City Attorney
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October] 0, 2000