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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
Subject: Professional Services Agreement between the
City of San Bernardino and the law firm of Lewis,
Brisbois, Bisgaard & Smith to represent the City of San
Bernardino in the case of Michelle P. Arroyo v. City of
San Bernardino, et at.
From: JAMES F. PENMAN
City Attorney
Date:
January 8, 2003
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Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Lewis, Brisbois, Bisgaard & Smith to represent the City in the
subject court action.
Recommended motion:
Adopt Resolution.
Contact person: James F. Penman
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5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item NO.--.fl
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STAFF REPORT
Council Meeting Date: .Januarv 21. 2003
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 8, 2003
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino and the
law firm of Lewis, Brisbois, Bisgaard & Smith to represent the City of San
Bernardino in the case of Michelle P. Arroyo v. City of San Bernardino, et al.
The Mayor and Common Council approved the law firm of Lewis, Brisbois, Bisgaard &
Smith to represent the City in the above-referenced court action. Attached hereto is the Professional
Services Agreement which reflects such approval, including a ceiling of $20,000 on attorney fees
and the requirement of regular status reports.
It is requested by the City Attorney that the floor motion be adopted so that the Mayor is
authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino.
That the Mayor of the City of San Bernardino is hereby authorized and directed to execute
on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of
Lewis, Brisbois, Bisgaard & Smith to represent the City in the case of Michelle P. Arroyo v. City of
San Bernardino. et aI.
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF MICHELLE P. ARROYO v. CITY
4 OF SAN BERNARDINO, et al.
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 a Professional Services Agreement between Lewis. Brisbois.
9 Bisgaard & Smith and the City of San Bernardino for legal services, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
11 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.
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
RLS/js [ARROYO. RES] 1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF MICHELLE P. ARROYO v. CITY
3 OF SAN BERNARDINO, et al.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof.
5 Common Council of the City of San Bernardino at a
6 held on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA -
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
IS
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, 2003, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
.2003.
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JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
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By: ~..........J
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RLS/js [ARROYO.RES]
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PROFESSIONAL SERVICES AGREEMENT
MICHELLE P. ARROYO v. CITY OF SAN BERNARDINO, et al.
United States District Court Case No. CV 02-1587ABC (SHSx)
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS. BRISBOIS, BISGAARD & SMITH (hereinafter "LBB&S") are the parties to this
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Agreement.
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2. LBB&S will be representing the following entities and persons in this litigation:
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CITY OF SAN BERNARDINO. LBB&S 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. LBB&S shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$20.000 without further approval of the Mayor and Common Council.
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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.
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LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
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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
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return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
7. LBB&S shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. LBB&S 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
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pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
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Finance Department.
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RLS/jS [ARROYO.AGR]
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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 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, BRISBOIS, BISGAARD & SMITH or other senior
16 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,
20 Satisfaction of Judgment, Release and any other final documents.
21 17. Either party may terminate this contract at will. LBB&S 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. LBB&S is an independent contractor as to the CITY.
25 19. LBB&S shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State of
27 California, including Employment Liability with $250,000 limits covering all
28 persons providing service on behalf of LBB&S and all risks to such persons
RLSljs [ARROYO.AGR]
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under this Agreement. LBB&S shaJl require its Warkers Campensatian carrier
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to. waive aJl rights af subrogatian against the CITY and its afficers and
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emplayees and any athers for wham services are being provided under this
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Agreement.
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b)
Camprehensive General and Autamabile Liability Insurance
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caverage to. include cantractual caverage and autamabile caverage far awned,
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hired and nan-awned vehicles. The palicy shall have at least a cambined single
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limit af $1 ,000,000 far badily injury and property damage.
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c)
Prafessianal Liability Insurance with limits af at least $1 ,000,000
10 per claim. In lieu af naming the CITY as an additianal insured, the palicy may
11 be endarsed as fallaws:
12 "Insurance caverage afforded by this palicy shall also. apply to. the
liability assumed by the Insured under the Agreement with the CITY OF SAN
13 BERNARDINO far legal defense services, provided such liability results from
an errar, amissian or negligent act af the insured, its afficers, emplayees, agents
14 ar subcantractars. All ather provisians af this palicy are to. remain unchanged."
15 LBB&S shall furnish certificates af insurance and certified capies af all palicies
16 and endarsements to. the City Attarney's Office evidencing the insurance caverage abave required
17 priar to. the cammencement af perfarmance af services hereunder, which certificates shall provide
18 that such insurance shall nat be terminated ar expire withaut thirty (30) days written natice to. the
19 City Attarney's Office, and shall maintain such insurance from the time LBB&S cammences
20 perfarmance af services hereunder until the campletian af such services.
21 All palicies, with respect to. the insurance caverage abave required, except far the
22 Warkers Campensatian insurance caverage and professianalliability caverage, if applicable, shall
23 abtain additianal endarsements naming the CITY and all parties represented under this Agreement,
24 their emplayees, agents, valunteers and afficers as additianal named insured with respect to.
25 liabilities arising aut af the perfarmance af services hereunder.
26 All palicies required abave are to. be primary and nan-cantributing with any
27 Insurance ar self-insurance programs carried ar administered by the CITY ar ather parties
28 represented under this Agreement.
RLS/js [ARROYOAGRJ
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20.
All communications and billings to the CITY are to be directed as follows:
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DATED:
,2003
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DATED:
,2003
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2 0 Approved as to form and
legal content:
21
JAMES F. PENMAN,
22 City Attorney
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RLSljs [ARROYOAGRJ
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LEWIS, BRISBOIS, BISGAARD & SMITH
By: Joseph Arias
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
4
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information'Management (RIM) Program
DATE:
January 28,2003
TO:
Edna DiVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-16
At the Mayor and Common Council meeting of January 21, 2003, the City of San Bernardino
adopted Resolution 2003-16 - Resolution authorizing the execution of a professional services
agreement between Lewis, Brisbois, Bisgaard & Smith and the City to represent the City in the
case of Michelle P. Arroyo v. City of San Bernardino, et al.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by March 24, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:~ o/.D i V ~uu.. L7 ~'-'- ;4Lrv-U.u.A-IJ~
, l
/ / Please sign and return
Date: I:z. 0; c'."
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 25,2003
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-16 - Agreement with Lewis, Brisbois, Bisgaard & Smith
CC:
Attached is a fully executed copy of the professional services agreement with Lewis, Brisbois,
Bisgaard & Smith to represent the City in the case of Michelle P. Arroyo v. City of San
Bernardino, et al. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
...
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
)-21-0?,
Item# 9
kr
Resolution #
Abstain .0--
'2tD3- llr
Absent -G-
Vote:
Ayes I- ')
Nays
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoidAfter: 100 0{>'1::' /3-.,)4-03
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By: -
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Date Sent to ~r:
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Reso. Log Updated: ,/
Seal Impressed: ,/
Date of Mayor's Signature: \ . 2 '1.~, 3
Date of Clerk/CDC Signature: ! )1' () '2~
Date Memo/Letter Sent for Signature: 1- ,)-~-c ''':,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L. Date Returned: ') -,? 5 - ()'~.
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./ No By ,
Yes No ...L- By
Yes No ~ By
Yes No / By
Yes No/ By
Copies Distributed to:
City Attorney V
Parks & Rec.
Code Compliance Dev. Services EDA Finance ' ./
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: nr-r Date: ;) - -:J'j' () 3
Revised 01112/01