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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F, PENMAN
City Attorney
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Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of a
Professional Services Agreement between
Lewis, Brisbois, Bisgaard & Smith and the
City of San Bernardino to advise and
assist the Civil Service Board in all
proceedings in regard to, or arising out of,
a specified disciplinary action.
Dept: CITY ATTORNEY
Date: August 14,2002
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Lewis, Brisbois, Bisgaard & Smith to advise and assist
the Civil Service Board in the subject action.
Recommended motion:
The Mayor and Common Council adopt the resolution,
l-.~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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Agenda Item No. II tJ1-1,
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STAFF REPORT
Council Meeting Date: Au~ust 13. 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
August 14, 2002
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of
San Bernardino to advise and assist the Civil Service Board in all
proceedings in regard to, or arising out of, a specified disciplinary
action.
The Mayor and Common Council approved the law firm of Lewis, Brisbois, Bisgaard &
Smith to advise and assist the-Civil Service Board in all administrative and/or judicial proceedings
in regard to, or arising out of the disciplinary action against Ronald Van Rossum. Attached hereto
is the Professional Services Agreement which reflects such approval.
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.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERc"'JARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND
THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE
BOARD lN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED
DISCIPLINARY ACTION.
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 between Lewis, Brisbois,
Bisgaard & Smith for legal services, 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 granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the City
Clerk within sixty (60) days following the effective date of the resolution.
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HTCljs [AGR.RES] I
c
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND
THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE
3 BOARD IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED
DISCIPLINARY ACTION.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
thereof. held on the day of
7
COUNCIL MEMBERS: AYES NAYS
8
ESTRADA
9
LIEN
10
MCGINNIS
11
DERRY
12
SUAREZ
13
ANDERSON
C 14
MCCAMMACK
15
16
17
18
The foregoing Resolution il; hereby approved this
meetin
, 2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
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20
21
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
25 r,
f 't
26 By: \~~ ./.
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HTCljs [AGR.RES} 2
day of
,2002.
JUDITH V ALLES, Mayor
City of San Bernardino
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1
PROFESSIONAL SERVICES AGREEMENT
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
2
I.
3 LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement.
4
. 2.
LBB&S will be advising and assisting the Civil Service Board in all administrative
5
and/or judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald
Van Rossum. 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.
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o
7
8
9
3.
LBB&S shall be paid at the hourly rates set forth below:
10 Attorneys - $125.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts expended under this Agreement for attorneys fees shall not exceed
13 $20,000 without further approval of the Mayor and Common Council.
14
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
4.
15
5.
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
17 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
18 of reimbursement for photocopying, telephone charges, and postage.
19
6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
20 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
21
7.
Only David Gondek of Lewis, Brisbois, Bisgaard & Smith, or other senior attorney
23
22 approved by the CITY shall advise and assist the Civil Service Board.
24
25
8.
9.
10.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either party may terminate this contract at will. LBB&S will continue to advise
26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter
27
28
and file are transferred to another attorney.
11. LBB&S is an independent contractor as to the CITY.
HTC [LBBS.AGR]
1
Exhibit "A"
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1
12.
2
LBB&S 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
3
5
. covering all persons providing service on behalf ofLBB&S and all risks
to such persons under this Agreement. LBB&S shall require its Workers
Compensation carrier to wai ve all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
provided under this Agreement.
4
6
7
8
9
b)
Comprehensive General and Automobile Liability
10
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 injury and
property damage.
c) Professional Liability Insurance with limits of at least
11
12
13
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15
$1,000,000 per claim. . In lieu of naming the CITY as an additional
16 insured, the policy may be endorsed as follows;
17 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
18 Agreement with the CITY OF SAN BERNARDINO for
legal services, provided such liability results from an error,
19 omission or negligent act of the insured, its officers, .
employees, agents or subcontractors. All other provisions
20 of this policy are to remain unchanged."
21 LBB&S shall furnish certificates of insurance and certified copies of all policies
22 and endorsements to the City Administrator's Office evidencing the insurance coverage above
23 required prior to the commencement of performance of services hereunder, which certificates shall
24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S
26 commences performance of services hereunder until the completion of such services.
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All policies, with respect to the insurance coverage above required, except for the
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
28
HTC [LBBS.AGR]
2
Exhibit "A"
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1 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named
3 insured with respect to liabilities arising out of the performance of services hereunder.
4 All policies required above are to be primary and non-contributing with any
5 insurance or self-insurance programs carried or administered by the CITY or other parties
6 represented under this Agreement.
7
13.
All 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
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DATED:
,2002
LEWIS, BRISBOIS, BISGAARD & SMITH
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By: Timothy Sabo
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DATED:
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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24 Approved as to form and
legal content:
25
JAMES F. PENMAN,
26 City Attorney
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l ~
By: I "(Iv.? / G-v~.......
H6iBS.AGRJ
3
Exhibit "A"
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1
2
PROFESSIONAL SERVICES AGREEMENT
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 . LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement.
4
2.
LBB&S will be advising and assisting the Civil Service Board in all administrative
5 and/or judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald
6 Van Rossum. LBB&S shall not represent any client in any type of claim against the CITY without
7 prior written approval to do so from the CITY OF SAN BERNARDINO through the City
8 Attorney's Office.
9
"
.J.
LBB&S shall be paid at the hourly rates set forth below:
10 Attorneys - $125.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts expended under this Agreement for attorneys fees shall not exceed
13 $20,000 without further approval of the Mayor and Common Council.
c
14
4.
15
5.
Bills shall be submitted at least quarterly.
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 LBB&S may include a single charge in an amount not to exceed four percent (4%) offees in lieu
18 . of reimbursement for photocopying, telephone charges, and postage.
19
6.
If attorney's fees are charged "P9rtal to portal" (e.g., from office to court and
2 0 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
21
7.
22 approved by the CITY shall advise and assist the Civil Service Board.
Only David Gondek of Lewis , Brisbois, Bisgaard & Smith, or other senior attorney
23
8.
9.
10.
24
25
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either party may terminate this contract at will. LBB&S will continue to advise
c
26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter
27 and file are transferred to another attorney.
28
HTC [LBBS.AGR]
11.
LBB&S is an independent s;ontractor as to the CITY.
1
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1
12.
LBB&S shall maintain the following types of insurance with limits as shown:
2
a)
Workers Compensation as required by the laws of the State
3
of California. including Employment Liability with $250.000 limits
5
covering all persons providing service on behalf of LBB&S and all risks
to such persons under this Agreement. LBB&S shall require its Workers
4
7
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
6
8
provided under this Agreement.
9
b)
Comprehensive General and Automobile Liability
10
Insurance coverage to include contractual coverage and automobile
11
coverage for owned. hired and non-owned vehicles. The policy shall have
12
at least a combined single limit of $1,000,000 for bodily injury and
13
property damage.
c
14
c)
Professional Liability Insurance with limits of at least
15 $1,000,000 per claim. In lieu of naming the CITY as an additional
16 insured, the policy may be endorsed as follows:
17 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
18 Agreement with the CITY OF SAN BERNARDINO for
legal services, provided such liability results from an error,
19 omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions
20 of this policy are to remain unchanged."
21 LBB&S shall furnish certificates of insurance and certified copies of all policies
22 and endorsements to the City Administrator's Office evidencing the insurance coverage above
23 required prior to the commencement of performance of services hereunder, which certificates shall
24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S
26
commences performance of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
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27
28 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
HTC [LBBS.AGR]
2
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1 obtain additional endorsements naming the CITY and all parties represented under this Agreement.
2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named
3 insured with respect to liabilities arising out of the performance of services hereunder.
4 All policies required above are to be primary and non-contributing with any
5 insurance or self-insurance programs carried or administered by the CITY or other parties
6 represented under this Agreement.
7
13.
All 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
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9
10
11
DATED:
,2002
LEWIS, BRlSBOIS, BISGAARD & SMITH
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By: Timothy Sabo
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16
DATED:
,2002
CITY OF SAN BERNARDINO
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18
19
By: Judith Valles, Mayor
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21
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24 Approved as to form and
legal content:
25
JAMES F. PENMAN,
26 City Attorney
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By:
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: August 22, 2002 .. ~
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;: <:
TO: Edna De V ellis, Operations Supervisor m
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FROM: Michelle Taylor, Senior Secretary ~
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Transmitting Documents for Signature - Resolution 2002-272 i r-
RE: m
A:
;;J;:
At the Mayor and Common Council meeting of August 19, 2002, the City of San Bernardino
adopted Resolution 2002-272 - Resolution authorizing the execution of a professional services
agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise
the Civil Service Board in all proceedings in regard to, or arising out of. a specified disciplinary
action.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
retum the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreemeut will be null and void if not executed
within 60 days, or by October 18,2002.
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 ofthe above mentioned documents.
Signed: 1~ c/J)j'l/. ./1.';"
Date: ~ I J- 3/0 '-
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 28, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-272 - Agreement with Lewis, Brisbois, Bisgaard & Smith
CC:
Attached is a fully executed copy of the professional services agreement between the City and
Lewis, Brisbois, Bisgaard & Smith to advise the Civil Service Board in all proceedings in regard
to, or arising out of, a specified disciplinary action. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
'.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '6 -, q ~..;;l. Item # I I
Vote: Ayes ;;J. -'1 Nays 0-
Change to motion to amend original documents: -
Resolution # d(X).;) - ::J f) :l.
Abstain .e Absent I
Reso. # On Attachments: /
-
Contract term: -
NullNoidAfter: 100 0A<r~ },o-I~~Cl,;;)-
,
Note on Resolution of Attachment stored separately: -=---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By:
Date Sent to Mayor: <ls'~ db-od
Date of Mayor's Signature: Sf 'dl-<l~
Date of Clerk/CDC Signature: 5.(~ l7;;r<:J:;;>-
Reso. Log Updated: ~
Seal Impressed: j./'
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
~- ~ d -C):;).- See Attached: L Date Returned: ~- '?f)-O.:;1.
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No ~ By
No ,/ By
No / By
No 7 By
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services
EDA
Finance V
MIS
Police Public Services
Water
Others:
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: fh'l
Date: 8' -dk'~O;l
Revised 01/12/01