HomeMy WebLinkAbout1999-135
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RESOLUTION NO.
1999-135
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES
3 AGREEMENTS BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND
MIDDLEBROOK, KAISER & POPKA AND THE CITY OF SAN BERNARDINO FOR LEGAL
4 SERVICES
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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8
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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 Middlebrook, Kaiser & Popka and the City of San Bernardino for legal
10
services, copies of which are attached hereto marked Exhibits "A-F" and incorporated herein by
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reference as fully as though set forfu at length.
SECTION 2. The aufuorization granted hereunder shall expire and be void and of no
further effect if fue agreements are not executed by both parties and returned to the Office of the
City Clerk within sixty (60) days following fue effective date of the resolution.
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I I I Note:
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I I I MIDDLEBROOK, KAISER & POPKA
23 - Exhibit -A- - Josie Avila vs. City of San Bernardino, et al.
I I I - Exhibit "E" - Alicia Henry vs. City of San Bernardino, et al.
24
I I I LEWIS, D'AMATO, BRISBOIS & BISGAARD
25 _ Exhibit -B- - Juan Cervantes VB. City of San Bernardino, et al.
I I I _ Exhibit "C" - Shirley Goodwin vs. City of San Bernardino, et al.
26 _ Exhibit "D" - Essie Green vs. City of San Bernardino, et al.
I I I _ Exhibit "F" - Pete Taylor .vs. City of San Bernardino, et al.
27
/II
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RLS/js [LDBB,RES]
.
1999-135
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES
2 AGREEMENTS BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND
MIDDLEBROOK, KAISER & POPKA AND THE CITY OF SAN BERNARDINO FOR LEGAL
3 SERVICES
4 I HEREBY CERTIFY fuat fue foregoing Resolution was duly adopted by the Mayor and
5 Common Council of fue City of San Bernardino at a joint regular
meetin
6 thereof, held on the 21st day of
June
, 1999, by the following vote, to wit
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
II SCHNETZ
12 DEVLIN
13 ANDERSON
14 MILLER
15
16
17
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
~ b.~--L
ITY CLERK .
18
19
20
21
The foregoing Resolution is hereby approved this
June
, 1999.
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
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28
-; - fl---
RLS/j, [LDBB,RESJ
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'1999-135
EXHIBIT "A-
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PROFESSIONAL SERVICES AGREEMENT
Jose Avila v. City of San Bernardino. et al.
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
MIDDLEBROOK, KAISER & POPKA (hereinafter "MK&P") are the parties to this Agreement.
2. MK&P will be representing the following entities in this litigation: CITY OF SAN
BERNARDINO. MK&P 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. MK&P shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$20,000 without further approval ofthe 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.
MK&P 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.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
return), then MK&P shall not be entitled to reimbursement for mileage and parking fees.
7. MK&P shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. MK&P 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 witll 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 IA VILA,AGR]
1
It
.1999-135
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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
3 shall be included.
4 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
5 City Attomey'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 11. Any and all settlements shall require CITY approval. Request for settlement
10 autllority shall be made through the City Attorney's Office which shall obtain the necessary CITY
11 approvals.
12 12. In 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 Dennis G. Popka of MIDDLEBROOK, KAISER & POPKA or other senior
15 attorney approved by the CITY shall try this case.
16 14. No client development costs are to be included in billings.
17 IS. 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. MK&P 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. MK&P is an independent contractor as to the CITY.
24 19. MK&P shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State
26 of California, including Employment Liability with $250,000 limits
27 covering all persons providing service on behalf of MK&P and all risks to
28 such persons under this Agreement. MK&P shall require its Workers
RLS/js [A VILA,AGR] 2
'1999-135
1
Compensation carrier to waive all rights of subrogation against the CITY
2
and its officers and employees and any others for whom services are being
3
provided under this Agreement.
4
b)
Comprehensive General and Automobile Liability
5
Insurance coverage to include contractual coverage and automobile
6
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
7
8
property damage.
9
c)
Professional Liability Insurance with limits of at least
10 $1,000,000 per claim. In lieu of naming the CITY as an additional
11 insured, the policy may be endorsed as follows:
12 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
13 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
14 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All otller
15 provisions of this policy are to remain unchanged."
16 MK&P 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 MK&P 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
2 3 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
28 msurance or self-insurance programs carried or administered by the CITY or other parties
RLSljs [A VILA,AGR]
3
.
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
1999-135
1 represented under this Agreement.
2
20.
3
4
5
DATED: '7 -..., ,1999
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DATED: ()V/Zt( , 1999
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22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
RLSljs [A VILA,AGR]
MIDDLEBROOK, KAISER & POPKA
1(J~~
By: Dennis G. Popka
CITY OF SAN BERNARDINO
4
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1999-135
EXHIBIT "B"
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PROFESSIONAL SERVICES AGREEMENT
Juan P. Cervantes v. City of San Bernardino. et aI.
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, D' AMATO, BRISBOIS & BlSGAARD (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 ClerkslParalegals - $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 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.
RLS/js [CERVANTES,AGR]
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1999-135
1 8. 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.
5 9. 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.
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 II. 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. No client development costs are to be included in billings.
18 IS. 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 all persons providing service on behalf of LDB&B and all risks
RLS/js [CERVANTES,AGRj 2
. . 1\ 1999-135
1
to such persons under this Agreement. LDB&B shall require its Workers
2
Compensation carrier to waive all rights of subrogation against the CITY
3
and its officers and employees and any others for whom services are being
4
provided under this Agreement.
5
b)
Comprehensive General and Automobile Liability
6
Insurance coverage to include contractual coverage and automobile
7
coverage for owned, hired and non-owned vehicles. The policy shall have
8
at least a combined single limit of $1,000,000 for bodily injury and
property damage.
9
10
c)
Professional Liability Insurance with limits of at least
11 $1,000,000 per claim. In lieu of naming the CITY as an additional
12 insured, the policy may be endorsed as follows:
13 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
14 Agreement with tlle CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
15 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
16 provisions of this policy are to remain unchanged."
17 LDB&B shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
19 prior to the commencement of performance of services hereunder, which certificates shall provide
20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
21 City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22 performance of services hereunder until the completion of such services.
23 All policies, with respect to the insurance coverage above required, except for the
24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26 their employees, agents, volunteers and officers as additional named insured with respect to
27 liabilities arising out of the performance of services hereunder.
28 All policies required above are to be primary and non-contributing with any
RLs/js [CERV ANTES,AGRj
3
,. 1
1999-135
1 insurance or self~insurance programs carried or administered by the CITY or other parties
26
27
28
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
2 represented under this Agreement.
3
20.
4
5
30, 1999
6
7
8
9
10
11
DATED:ot-P:9' ,1999
,
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17
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22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
RLS/js lCERV ANTES,AGR]
LEWIS, D'AMATO, BRISBOIS & BlSGAARD
/
/
CITY OF SAN BERNARDINO
/
~
les, Mayor
4
26
27
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1999-135
EXHIBIT .C.
1
PROFESSIONAL SERVICES AGREEMENT
2
Shirley Goodwin v. City of San Bernardino. et al.
3
4
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
5
Agreement.
6
2. LDB&B will be representing the following entities in this litigation: CITY OF
7
8
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
9
Attorney's Office.
10
11
3. LDB&B shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
12
13
The amounts expended under this agreement for attorneys fees shall not exceed
14
15
$20,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
16
17
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.
18
19
20
21
6. If attorney's fees are charged "portal to portal" (e.g., from of lice to court and
22
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
23
24
25
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.
28
RLS/js [GOODWIN,AGR]
1
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~999-135
1
8.
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.
5
9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attomey's Office 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.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
20 Satisfaction of Judgment, Release and any other final documents.
Final billing shall be accompanied by copies of the Request for Dismissal,
18
15.
16.
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
Eitller party may terminate tllis contract at wilL LDB&B will continue to represent
24
25
26
27
28
19
21
17.
23 another attorney.
18.
19.
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
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of LDB&B and all risks
RLS/js [GOODWIN,AGR]
2
. i999-135
1
to such persons under this Agreement. LDB&B shall require its Workers
2
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
3
4
provided under this Agreement.
5
b)
Comprehensive General and Automobile Liability
6
Insurance coverage to include contractual coverage and automobile
7
coverage for owned, hired and non-owned vehicles. The policy shall have
8
at least a combined single limit of $1,000,000 for bodily injury and
9
property damage.
10
c)
Professional Liability Insurance with limits of at least
11 $1,000,000 per claim. In lieu of naming the CITY as an additional
12 insured, the policy may be endorsed as follows:
13 "Insurance coverage afforded by this policy shall
also apply to tlle liability assumed by the Insured under the
14 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
15 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
16 provisions of this policy are to remain unchanged."
1 7 LDB&B shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
19 prior to the commencement of performance of services hereunder, which certificates shall provide
20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
21 City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22 performance of services hereunder until the completion of such services.
23 All policies, with respect to the insurance coverage above required, except for the
24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26 their employees, agents, volunteers and officers as additional named insured with respect to
27 liabilities arising out of the performance of services hereunder.
28 All policies required above are to be primary and non-contributing with any
RLS(js [GOOOWIN,AGR]
3
'1999-135
1 insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
3
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
4
5
6
DATErsL ~, 1999
/
(,
7
8
9
10
11
DATED: tX- fir' ,1999
f
12
13
14
15
16
17
18
19
20
21
22 Approved as to Form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
RLS/js [GOODWIN,AGR1
LEWIS, D'AMATO, BRISBOIS & BISGAARD
Joseph Arias
CITY OF SAN BERNARDINO
4
, .
'i999-135
EXHIBIT "D" .
1
2
3
4
5
6
7
8
9
10
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16
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20
21
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24
25
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28
PROFESSIONAL SERVICES AGREEMENT
Essie L. Green v. City of San Bernardino. et al.
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
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 - $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 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.
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.
RLS/js [GREEN,AGRJ
1
D
1999-135
1 8. 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.
5 9. 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.
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 autllority 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. No 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,
2 0 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 ofthe State
27 of California, including Employment Liability with $250,000 limits
28 covering all persons providing service on behalf of LDB&B and all risks
RLS/js [GREEN,AGR] 2
"
1999-135
1
to such persons under this Agreement. LDB&B shall require its Workers
2
Compensation carrier to waive all rights of subrogation against the CITY
3
and its officers and employees and any others for whom services are being
4
provided under this Agreement.
5
b)
Comprehensive General and Automobile Liability
6
Insurance coverage to include contractual coverage and automobile
7
coverage for owned, hired and non-owned vehicles. The policy shall have
9
at least a combined single limit of $1,000,000 for bodily injury and
property damage.
8
10
c)
Professional Liability Insurance with limits of at least
11 $1,000,000 per claim. In lieu of naming the CITY as an additional
12 insured, the policy may be endorsed as follows:
13 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
14 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
15 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
16 provisions of this policy are to remain unchanged."
1 7 LDB&B shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
19 prior to the commencement of performance of services hereunder, which certificates shall provide
20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
21 City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22 performance of services hereunder until the completion of such services.
23 All policies, with respect to the insurance coverage above required, except for the
24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26 their employees, agents, volunteers and otlicers as additional named insured with respect to
27 liabilities arising out of the performance of services hereunder.
28 All policies required above are to be primary and non-contributing with any
RLS/js [GREEN,AGR]
3
. .
. . 1999-135
1 insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
3
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
4
5
6
,1999
7
8
9
10
11
DATED:~, 1999
12
13
14
15
16
17
18
19
20
21
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
RLS/j, [GREEN,AGR]
LEWIS, D'AMATO, BRISBOIS & BISGAARD
CITY OF SAN BERNARDINO
..C~
V lies, Mayor
4
.
1999-135
EXHIBIT "E"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROFESSIONAL SERVICES AGREEMENT
Alicia Henry v. City of San Bernardino. et al.
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
MIDDLEBROOK, KAISER & POPKA (hereinafter "MK&P") are the parties to this Agreement.
2. MK&P will be representing the following entities in this litigation: CITY OF SAN
BERNARDINO. MK&P shall not represent any client in any type of claim against the CITY
without prior written approval to do so from tlle CITY OF SAN BERNARDINO through the City
Attorney's Office.
3. MK&P shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law ClerkslParalegals - $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 tlle CITY for reimbursement.
MK&P may include a single charge in an amount not to exceed four percent (4%) offees in lieu
ofreimbursement 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 MK&P shall not be entitled to reimbursement for mileage and parking fees.
7. MK&P shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. MK&P 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 witll a request that the CITY
pay it directly. Consultants shall not bill the CITY directly without prior approval ofthe CITY'S
Finance Department.
8. Status reports will be submitted to CITY through the City Attorney's Office
RLS/js [IIENRYAGR]
1
/
1999-135
.
1 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including, without limitation, potentialliabijity 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 tor settlement
10 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
11 approvals.
12 12. In 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 Dennis G. Popka of MIDDLEBROOK, KAISER & POPKA or other senior
15 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 ofJudgment, Release and any other final documents.
20 17. Either party may terminate this contract at wilL MK&P 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. MK&P is an independent contractor as to the CITY.
24 19. MK&P shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State
26 of California, including Employment Liability with $250,000 limits
27 covering all persons providing service on behalf of MK&P and all risks to
28 such persons under this Agreement. MK&P shall require its Workers
RLS/js [HENRY,AGR[ 2
1999-135
.
1
Compensation carrier to waive all rights of subrogation against the CITY
2
and its officers and employees and any others for whom services are being
3
provided under this Agreement.
4
b)
Comprehensive General and Automobile Liability
5
Insurance coverage to include contractual coverage and automobile
6
coverage for owned, hired and non-owned vehicles. The policy shall have
7
at least a combined single limit of $1,000,000 for bodily injury and
8
property damage.
9
c)
Professional Liability Insurance with limits of at least
10 $1,000,000 per claim. In lieu of naming the CITY as an additional
11 insured, the policy may be endorsed as follows:
12 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
13 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
14 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
15 provisions of this policy are to remain unchanged."
16 MK&P 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, 8nd shall maintain such insurance from the time MK&P 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
28 insurance or self-insurance programs carried or administered by the CITY or other parties
RLS/js [HENRY,AGRj
3
-
.
.
1999-135
1 represented under this Agreement.
2
20.
All communications and billings to the CITY are to be directed as follows:
3
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
4
5
'7 - J 1999
,
MIDDLEBROOK, KAISER & POPKA
DATED:
6
7
By:~~!7~
8
9
10
DATED:~, 1999
CITY OF SAN BERNARDINO
11
12
13
14
15
16
17
18
19
20
21
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
RLS/js [HENRY.AGRJ
4
,
"
.
1999-135
.
EXHIBIT -FII
1
PROFESSIONAL SERVICES AGREEMENT
2
Pete Tavlor v. City of San Bernardino. et at.
3
4
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
5
Agreement.
6
7
2. LDB&B will be representing the following entities in this litigation: CITY OF
8
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 tlle 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 ClerkslParalegals - $50.00 per hour.
9
10
11
12
13
The amounts expended under this agreement for attorneys fees shall not exceed
14
$20,000 without further approval of the Mayor and Common Council.
15
16
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18
19
LDB&B may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
20
of reimbursement for photocopying, telephone charges, and postage.
21
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
22
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
23
24
25
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
Finance Department.
28
RLS/js [TAYLOR,AGRJ
1
c-
I
"
.
.
.
1999-135
1
~
8.
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.
5
9.
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.
8
10.
Copies of any correspondence and otller 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 tlle 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
18
19
14.
No client development costs are to be included in billings.
15.
No continuing education expenses are to be included in billings.
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
25
26
27
28
18.
LDB&B is an independent contractor as to the CITY.
LDB&B shall maintain the following types of insurance with limits as shown:
19.
a)
Workers Compensation as required by the laws oftlle State
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of LDB&B and all risks
RLS/js [TA VLOR.AGRJ
2
.
.
. .-,
.
1999-135
.
,
1
to such persons under this Agreement. LDB&B shall require its Workers
2
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
3
4
provided under this Agreement.
5
b)
Comprehensive General and Automobile Liability
6
Insurance coverage to include contractual coverage and automobile
7
coverage for owned, hired and non-owned vehicles. The policy shall have
8
at least a combined single limit of $1,000,000 for bodily injury and
9
property damage.
10
c)
Professional Liability Insurance with limits of at least
11 $] ,000,000 per claim. In lieu of naming the CITY as an additional
12 insured, the policy may be endorsed as follows:
13 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
14 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
15 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
16 provisions of this policy are to remain unchanged."
17 LDB&B shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attomey's Office evidencing the insurance coverage above required
19 prior to the commencement of performance of services hereunder, which certificates shall provide
20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
21 City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22 performance of services hereunder until the completion of such services.
23 All policies, with respect to the insurance coverage above required, except for the
24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26 their employees, agents, volunteers and officers as additional named insured with respect to
27 liabilities arising out of the performance of services hereunder.
28 All policies required above are to be primary and non-contributing with any
RLSljs [TAVLOR,AGR]
3
,/
" ..
..
1999-135
1 insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
3
20.
All communications and billings to the CITY are to be directed as follows:
4
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
5
6
LEWIS, D'AMATO, BRISBOIS & BISGAARD
Jo,1999
DAT
7
8
(j
9
y: Joseph Arias
10
11
DATED: ~vf-r, 1999
CITY OF SAN BERNARDINO
12
13
14
15
16
17
18
19
20
21
22 Approved as to Form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
RLs/js [T A VLOR,AGRj
4