HomeMy WebLinkAbout2005-295
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RESOLUTION NO. 2005-295
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
3 SAN BERNARDINO TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN REID & HELLYER AND THE CITY OF SAN BERNARDINO TO REPRESENT
4 THE CITY IN THE CASE OF IN RE: BANKRUPTCYOF ADELPHIA COMMUNICATIONS
CORPORATION, UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF
5 NEW YO~ CASE NO. 02-41729.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Reid & Hellyer and
10 the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit
11 "A" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the office of City
14 Clerk within sixty (60) days following effective date of the resolution.
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2005-295
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF
SAN BERNARDINO AumORIZING AND DIRECTING THE MAYOR OF THE CITY OF
2 SAN BERNARDINO TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN REID & HELLYER AND THE CITY OF SAN BERNARDINO TO REPRESENT
3 THE CITY IN THE CASE OF IN RE: BANKRUPTCYOF ADELPHIA COMMUNICATIONS
CORPORATION, UNITED STATES BANKRUPTCY COURT, SOumERNDISTRICT OF
4 NEW YORK, CASE NO. 02-41729.
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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,
, 2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this
.2005.
VALLES, Mayor
f San Bernardino
24 Approved as to form and
legal content:
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26 By: .~~. ~. I; At/ //
27 jdJAME .PE~
P' City orney
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2005-295
1 PROFESSIONAL SERVICES AGREEMENT
2 IN RE: BANKRUPTCY OF ADELPHIA COMMUNICATIONS CORPORATION, United
States Bankruptcy Court, Southern District of New York, Case No. 02-41729
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1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
REID & HELLYER (hereinafter "R&H") are the parties to this Agreement.
2. R&H will be representing the following entities and persons in this litigation:
CITY OF SAN BERNARDINO. R&H 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. R&H shall be paid at the hourly rates set forth below:
Attorneys - $300.00 per hour; and,
The amounts expended under this agreement for attorneys fees shall not exceed
$25,000 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.
R&H 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 R&H shall not be entitled to reimbursement for mileage and parking fees.
7. R&H shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. R&H 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
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whenever any significant event occurs, and in any event at least quarterly. Information sufficient
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2005-295
1 to set reserves, including, without limitation, potential liability exposure and percentage of fault
2 shall be included.
3 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
4 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
5 in this, or other litigation.
6 10. Copies of any corresponde ce and other documents sent to any of the defendants
7 in this action shall also be provided to the TY through the City Attorney's Office.
8 11. Any and all settlements s 1 require CITY approval. Request for settlement
9 authority shall be made through the City Att rney's Office which shall obtain the necessary CITY
10 approvals.
11 12. In the event the settlement alue of the case appears to exceed $50,000, the City
12 Attorney's Office shall be notified immedia ely.
13 13. Only Mark C. Schnitzer of &H or other senior attorney approved by the CITY
14 shall try this case.
15 14. No client development cos s are to be included in billings.
16 15. No continuing education e penses are to be included in billings.
17 16. Final billing shall be acc mpanied by copies of the Request for Dismissal,
18 Satisfaction of Judgment, Release and any ther final documents.
19 17. Either party may terminate this contract at will. R&H will continue to represent
2 0 the CITY on the terms and conditions in . Agreement until the case and file are transferred to
21 another attorney.
22 18. R&H is an independent contractor as to the CITY.
23 19. R&H shall maintain the following types of insurance with limits as shown:
24 a) Workers Compensation as required by the laws of the State of
25 California, including ~mployment Liability with $250,000 limits covering all
26 persons providing service on behalf ofR&H and all risks to such persons under
27 this Agreement. R&H shall require its Workers Compensation carrier to waive
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2005-295
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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
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coverage to include contractual coverage and automobile coverage for owned,
hired and non-owned vehicles. The policy shall have at least a combined single
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limit of $1 ,000,000 for bodily injury and property damage.
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Professional Liability Insurance with limits of at least $1 ,000,000
8 per claim.
9 R&H shall furnish certificates of insurance and certified copies of all policies and
10 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
11 to the commencement of performance of services hereunder, which certificates shall provide that
12 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
13 Attorney's Office, and shall maintain such insurance from the time R&H commences performance
14 of services hereunder until the completion of such services.
15 All policies required above are to be primary and non-contributing with any
16 insurance or self-insurance programs carried or administered by the CITY or other parties
17 represented under this Agreement.
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2005-295
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20. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
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DATED: 11-.2 ,2005
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DATED: "":L- , 2005
2 0 Approved as to form and
legal content:
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JAMES F. PENMAN,
22 City Attorney
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REID & HELLYER
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By: C. Schnitzer
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