HomeMy WebLinkAbout1994-236
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RESOLUTION NO. 94-236
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
BEST, BEST & KRIEGER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a Professional Services Agreement for legal services between the
City of San Bernardino and the law firm of Best, Best & Krieger,
a copy of which is attached hereto marked Exhibit" A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
The authorization to execute the above-
referenced Agreement is rescinded if the parties to the Agreement
fail to execute it within sixty (60) days of the passage of this
Resolution.
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94-236
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
BEST, BEST & KRIEGER.
I HEREBY CERTIFY that the foregoing Resolution was duly
5 adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
1st
day of August
, 1994, by the fOllowing vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
~J(-ce (!~~
City lerk
The foregoing Resolution is hereby approved this
4th
day
of
August
, 1994.
~/~
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
~ ^ \.J~;.{ - r"
C:::,l~"'-e ,vCA.o,-\.l\i
~/
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94-236
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PROFESSIONAL SERVICES AGREEMENT
Leslie Bond v. Community Development Commission of the
City of San Bernardino, et ale
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of BEST, BEST & KRIEGER (hereinafter "BB&K") are the
parties to this Agreement.
2. BB&K will be representing the following entities in
this litigation: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CITY OF SAN BERNARDINO, WILLIAM ROBERT HOLCOMB,
10 individually, as MAYOR OF THE CITY OF SAN BERNARDINO, and as
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CHAIRMAN OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CIVIL
SERVICE BOARD OF THE CITY OF SAN BERNARDINO, TIMOTHY C. STEINHAUS,
individually and as AGENCY ADMINISTRATOR OF THE ECONOMIC
DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, and LORRAINE
VELARDE, an individual.
3. BB&K shall be paid at the hourly rates set forth below:
Partners - $140.00 per hour;
Senior Associates - $130.00 per hour;
Junior Associates - $120.00 per hour; and
Law Clerks/Paralegals - $65.00 per hour.
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.
BB&K 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.
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94-236
6. If attorney's fees are charged "portal to portal n
(e.g., from office to court and return), then BB&K shall not be
entitled to reimbursement for mileage and parking fees.
7. BB&K shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. BB&K 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 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 which may
reproduce same and provide copies to other parties or attorneys in
this, or other litigation.
10. Copies of any correspondence and other documents sent
to any of the defendants in this action shall also be provided to
the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval.
Request for settlement authority shall be made through the City
Attorney's Office which shall obtain the necessary CITY approvals.
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94-236
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12. In the event the settlement value of the case appears
to exceed $50,000, the City Attorney's Office shall be notified
immediately.
13. Only Meredith Jury of BB&K or other Senior Attorney
approved by the CITY shall try this case.
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, Satisfaction of Judgment, Release and any
other final documents.
17. Ei ther party may terminate this contract at will. BB&K
will continue to represent the CITY on the terms and conditions in
this Agreement until the case and file are transferred to another
attorney.
18. BB&K is an independent contractor as to the CITY.
19. BB&K 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 Liability Insurance
coverage. 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.
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94-236
BB&K shall furnish or cause to be furnished
certificates of insurance evidencing the insurance coverage above
required, 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 BB&K commences performance of services
hereunder until the completion of such services.
All policies required above are to be primary and non-
contributing with any insurance or self-insurance programs carried
by the CITY or other parties represented under
or administered
this Agreement.
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94-236
1 20. All communications and billings to the CITY are to be
2 directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" street
San Bernardino, CA 92418
DATED:
I~~ II,
1994.
BEST, BEST & KRIEGER
DATED: rue 11199. , 1994.
CITY OF SAN BERNARDINO
--r "l1i '
~ ~
By: Tom Minor, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
ATTEST:
JAMES F. PENMAN
City Attorney
~ @f-~/
Rach Clark, City Clerk
,LL~>L~U V
. Morillo
ity Attorney
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