HomeMy WebLinkAbout1996-151
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RESOLUTION NO.
96-151
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
LEWIS, D'AMATO, BRISBOIS & BISGAARD
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement for Legal Services between the CITY OF SAN BERNARDINO
9 and the law firm of LEWIS, D'AMATO, BRISBOIS & BISGAARD a copy of
10 which is attached hereto marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
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The authorization to execute the above-
SECTION 2.
13 referenced agreement is rescinded if the parties to the agreement
14 fail to execute it within sixty (60) days of the passage of this
15 resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
LEWIS. D'AMATO. BRISBOIS & BISGAARD
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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3rd
meeting thereof, held on the
Bernardino at a regular
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'~L-C ~~'-
ci Clerk
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The foregoing resolution is hereby approved this ~~
day
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of
June
, 1996.
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/1~1. /&AU~
T6m Minor, "Mayor
City of San Bernardino
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
By:)Lf,L
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96-151
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PROFESSIONAL SERVICES AGREEMENT
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 Defendants, CITY OF SAN
BERNARDINO, D. KEIL and G. NAPIER in an action entitled John Lee
Bell v. D. Keil. G. Naoier. City of San Bernardino. et al, United
States District Court, Case No. CV 95-4231 WDK (JGx).
3. LDB&B shall be paid for all work on said case by the CITY
OF SAN BERNARDINO at the hourly rates set forth below:
Partners - $115.00 per hour;
Associates - $105.00 per hour;
Law Clerks/Paralegals - $65.00 per hour.
4. Bills shall be submitted to the City Attorney's Office on
a quarterly basis unless the amount exceeds $3,000.00 in a given
month and in that event the bills shall be submitted monthly. The
total payments for attorney's fees and costs shall not exceed
$20,000 without the prior approval of the CITY.
5. The actual cost for filing fees, telephone charges,
photocopying, postage, lodging, mileage and related travel costs
shall be itemized when submitted as set forth in Paragraph 4 for
reimbursement.
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96-151
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 Attorney's
Office to retain expert consultants and other professionals (not
including court reporters) for purposes of representing said
defendants in said proceedings. LDB&B may, if it chooses, pay the
fees and charges of such consultants and seek reimbursement from
the CITY through the City Attorney's Office on its periodic
statement.
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 reserves,
including, without limitation, potential liability exposure and
percentage of fault shall be included.
9. Copies of all opinions, pleadings, discovery and motions
shall be provided to the City Attorney's Office.
10. Copies of any correspondence and other documents sent to
any of the parties in said proceedings involving CITY shall also be
provided to the CITY through the City Attorney's Office.
11. Kenneth T. Kreeble of LDB&B, and/or partner George Boland
shall defend CITY in said action.
Karen A. Feld, Associate, and
other attorneys to be approved by CITY, shall do research,
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96-151
pleadings, law and motion and discovery and make appearances on
non-critical matters in the Los Angeles area.
12. No client development costs are to be included in
billings.
13. No continuing education expenses are to be included in
billings.
14. Final billing shall be accompanied by copies of the
Request for Dismissal, Satisfaction of Judgment, Release and any
other appropriate final documents.
15. Either CITY or LDB&B may terminate this contract at will.
LDB&B will continue to represent said defendants on the terms and
conditions in this Agreement until the case and file are
transferred to another attorney.
16. LDB&B is an independent contractor as to the CITY.
17. 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.
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 $1,000,000 for bodily
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96-151
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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
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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.
18. 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, Room 668
San Bernardino, CA 92418
DATED: }//r"p -,
, 1996
LEWIS, D'AMATO, BRISBOIS & BISGAARD"t~
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By: /~~. if--<- '7 /oC'/lLL/'"4.
Kenneth T. Kreeble
DATED: ffJ/iv... /0
, 1996
CITY OF SAN BERNARDINO
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By: / r;--/7?./{,;:/ Jt-[~.~
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Tom ~1inor, Mayo:c
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
By: ~~ 7. ~
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