HomeMy WebLinkAboutS01-City Attorney
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C1TY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject:
Resolution of the Mayor and Common Council of the
City of San Bernardino authorizing the execution of
a Professional Services Agreement between Best,
Best & Krieger and the City of San Bernardino to
advise the City Attorney's Office concerning the
review, application and enforcement of its adult
entertainment license ordinance and related matters.
Dept: CITY ATTORNEY
ORI'~~/,'v'AL
Date: November 15,2001
Synopsis of Previous Council Action:
None.
Recommended motion:
That said Resolution be adopted.
71-
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
v~~-<l.?(--{\ \-.3~Cj
Agenda Item No.
S-I
11-19-01
STAFF REPORT
Council Meeting Date: November 19. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
James F. Penman, City Attorney
November 19,2001
Item No. SI: Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services Agreement
between Best, Best & Krieger and the City of San Bernardino to advise the City
Attorney's Office concerning the review, application and enforcement of its
adult entertainment license ordinance and related matters.
Attached hereto is the Professional Services Agreement with Best, Best & Krieger so it may
advise the City Attorney's Office concerning the review, application and enforcement ofthe City's
adult entertainment license ordinance and related matters. It contains an initial threshold limit of
$10,000.00.
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.
I
RESOLUTION NO.
"-
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY
ATTORNEY'S OFFICE CONCERNING THE REVIEW, APPLICA nON AND ENFORCEMENT OF ITS
4 ADULT ENTERTAINMENT LICENSE ORDINANCE AND RELATED MATTERS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCn.. 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 Best, Best & Krieger
9 and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit
10 "A" and incorporated herein by reference as fully as though set forth at length.
II SECTION 2. The authorization granted hereunder shall expire and be void and of no further
12 effect if the agreement is not executed by both parties and returned to the office of the City Clerk
13 within sixty (60) days following the effective date of the resolution.
14 III
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16 III
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18 III
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
2 BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO TO ADVISE THE CITY
ATTORNEY'S OFFICE CONCERNING THE REVIEW, APPLICATION AND ENFORCEMENT OF ITS
3 ADULT ENTERTAINMENT LICENSE ORDINANCE AND RELATED MATTERS.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the
, 200 I, by the following vote, to wit:
day of
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
15
16
ABSTAIN ABSENT
AYES
NAYS
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2001.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
1 ,)
By: ; ~.~ 7' /i::::=z~~.--<~
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2
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1 PROFESSIONAL SERVICES AGREEMENT
2 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 BEST, BEST & KRIEGER LLP (hereinafter "BB&K") are the parties to this Agreement.
4 2. BB&K will advise the City Attorney's Office concerning the review, application
5 and enforcement of the City's adult entertainment license ordinance and related matters. BB&K
6 shall not represent any client in any type of claim against the CITY without prior written approval
7 to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
8 3. BB&K shall be paid at the hourly rates set forth below:
9 Partners - $185.00 per hour;
10 Senior Associates - $150.00 per hour;
11 Junior Associates - $125.00 per hour; and
12 Paralegals - $100.00 per hour.
13 The amounts expended under this Agreement for attorneys fees shall not exceed
14 $10,000 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least quarterly.
16 5. The actual cost for any fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 BB&K may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to office and
21 return), then BB&K shall not be entitled to reimbursement for mileage and parking fees.
22 7. BB&K shall obtain approval from the CITY to retain expert consultants and other
23 professionals for purposes of completing its services under this Agreement. BB&K may, if it
24 chooses, pay the fees and charges of such consultants and other professionals and seek
25 reimbursement from CITY on its periodic statement, or it may forward the bill(s) of the afore-
26 mention consultants and other professionals to CITY with a request that the CITY pay it directly.
27 Consultants and other professionals shall not bill the CITY directly without prior approval of the
28 CITY'S Finance Department.
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RLS/js [BBK.AGR]
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8.
All opinions, reports, and other documents generated by BB&K as a result of
2
completing its services under this Agreement shall be submitted directly to the City Attorney.
3
9.
10.
11.
12.
13.
14.
Either party may terminate this contract at will.
BB&K is an independent contractor as to the CITY.
BB&K shall maintain the following types of insurance with limits as shown:
4
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by all final documents.
5
6
7
8
9
a)
Workers Compensation as required by the laws of the State
10
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of BB&K and all risks to
such persons under this Agreement. BB&K shall require its Workers
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
provided under this Agreement.
11
12
13
14
15
16
b)
Comprehensive General and Automobile Liability
17
Insurance coverage to include contractual coverage and automobile
18
coverage for owned, hired and non-owned vehicles. The policy shall have
19
at least a combined single limit of $1,000,000 for bodily injury and
property damage.
20
21
c)
Professional Liability Insurance with limits of at least
22
$1,000,000 per claim. In lieu of naming the CITY as an additional
23
insured, the policy may be endorsed as follows:
24
"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 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."
25
26
27
28
BB&K shall furnish certificates of insurance and certified copies of all policies and
RLS/js [BBK.AGR]
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1 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
2
to the commencement of performance of services hereunder, which certificates shall provide that
3 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
4 Attorney's Office, and shall maintain such insurance from the time BB&K commences performance
5 of services hereunder until the completion of such services.
6 All policies, with respect to the insurance coverage above required, except for the
7 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
8 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
9 their employees, agents, volunteers and officers as additional named insured with respect to
10 liabilities arising out of the performance of services hereunder.
11 h..l! policies required above are to be primary and non-contributing with any
12 insurance or self-insurance programs carried or administered by the CITY or other parties
13 represented under this Agreement.
14
15.
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
15
16
17
DATED:
,2001
BEST, BEST & KRIEGER LLP
18
19
20
By:
21
DATED:
,2001
CITY OF SAN BERNARDINO
22
23
24
By:
Approved as to form and
25 legal content:
26
JAMES F. PENMAN,
City Attorney
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By: ,,yt-.,....,
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RJjj8"(BBK.AGRJ
3
27
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28
EXHIBIT "A"
1
~.
2
I.
PROFESSIONAL SERVICES AGREEMENT
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 BEST, BEST & KRIEGER LLP (hereinafter "BB&K") are the parties to this Agreement.
4
2.
BB&K will advise the City Attorney's Office concerning the review, application
5 and enforcement of the City's adult entertainment license ordinance and related matters. BB&K
6 shall not represent any client in any type of claim against the CITY without prior written approval
7 to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
8
3.
BB&K shall be paid at the hourly rates set forth below:
9 Partners - $185.00 per hour;
10 Senior Associates - $150.00 per hour;
11 Junior Associates - $125.00 per hour; and
12 Paralegals - $100.00 per hour.
13 The amounts expended under this Agreement for attorneys fees shall not exceed
c
14 $10,000 without further approval of the Mayor and Common Council.
15
4.
5.
Bills shall be submitted at least quarterly.
The actual cost for any fees, telephone charges, photocopying, postage, lodging,
16
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 BB&K may include a single charge in an amount not to exceed four percent (4%) offees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20
6.
If attorney's fees are charged "portal to portal" (e.g., from office to office and
21 return), then BB&K shall not be entitled to reimbursement for mileage and parking fees.
22
7.
BB&K shall obtain approval from the CITY to retain expert consultants and other
23 professionals for purposes of completing its services under this Agreement. BB&K may, if it
24 chooses, pay the fees and charges of such consultants and other professionals and seek
/'
r.
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25 reimbursement from CITY on its periodic statement, or it may forward the bill(s) of the afore-
26 mention consultants and other professionals to CITY with a request that the CITY pay it directly.
27 Consultants and other professionals shall not bill the CITY directly without prior approval of the
28 CITY'S Finance Department.
RLS/js [BBK.AGRj
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EXHIBIT "A"
1
8.
All opinions, reports, and other documents generated by BB&K as a result of
2
completing its services under this Agreement shall be submitted directly to the City Attorney.
3
9.
10.
II.
12.
13.
14.
BB&K shall maintain the following types of insurance with limits as shown:
4
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
5
Final billing shall be accompanied by all final documents.
6
Either party may terminate this contract at will.
7
BB&K is an independent contractor as to the CITY.
8
9
a)
Workers Compensation as required by the laws of the State
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of BB&K and all risks to
such persons under this Agreement. BB&K shall require its Workers
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
provided under this Agreement.
hi
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 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 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."
BB&K shall furnish certificates of insurance and certified copies of all policies and
RLS~s [BBK.AGR]
2
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c
EXHIBIT "A"
1 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
2 to the commencement of performance of services hereunder, which certificates shall provide that
3 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
4 Attorney's Office, and shall maintain such insurance from the time BB&K commences performance
5 of services hereunder until the completion of such services.
6 All policies, with respect to the insurance coverage above required, except for the
7 Workers C~pensation insurance coverage and professional liability coverage, if applicable, shall
8 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
9 their employees, agents, volunteers and officers as additional named insured with respect to
10 liabilities arising out of the performance of services hereunder.
11 All policies required above are to be primary and non-contributing with any
12 insurance or self-insurance programs carried or administered by the CITY or other parties
13 represented under this Agreement.
14
15.
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
San Bernardino, CA 92418
15
16
17
DATED:
,2001
BEST, BEST & KRIEGER LLP
18
19
20
By:
21
DATED:
,2001
CITY OF SAN BERNARDINO
22
23
24
By:
Approved as to form and
25 legal content:
26 JAMES F. PENMAN,
City Attorney
r 27
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28 By:
RLSljs [BBK.AGR]
3
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 21,2001
TO:
Huston T. Carlyle, Jr., St. Assistant City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-349
At the Mayor and Common Council meeting of November 19,2001, the City of San Bernardino
adopted Resolution 2001-349 - Resolution authorizing the execution of a professional services
agreement between Best, Best & Krieger and the City of San Bernardino to advise the City
Attorney's Office concering the review, application and enforcement of its adult entertainment
license ordinance and related matters.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Date:
II /2-f / 0 I
I
Please sign and return
I hereby ac
Signed:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 4, 2002
TO:
Huston T. Carlyle, Jr., Sr. Assistant City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-349 - Agreement with Best, Best & Krieger
Our office has not received the executed agreement with Best, Best & Krieger to advise the City
Attorney's Office concerning the review, application and enforcement of its adult entertainment
license ordinance and related matters, which was approved at the Mayor and Common Council
meeting held on November 19,2001.
Please forward the executed agreement to the City Clerk's office, to my attention; otherwise,
please submit a memo detailing its status.
Note: The resolution and agreement will be null and void if not executed by January 18,2002.
If you have any questions, please call me at ext. 3206.
...
/1"9
'j:'"
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS
(760) 568-26 I I
LAWYERS
3750 UNIVERSITY AVENUE
POST OFFICE BOX 1026
RIVERSIDE, CALIFORNIA 92502-1028
(909) oe6-1 450
(909) 680-3063 FAX
BBKLAW.COM
SAN DIEGO
<(19) 525-1300
ONTARIO
(909) 989-8584
ORANGE COUNTY
(714) 9,:)9-5940
SACRAMENTO
(9 I 51 974-3400
MARCO A. MARTINEZ
MAMARTINEZ@BBKLAW.COM
December 4, 2001
VIA FACSIMILE AND FIRST CLASS MAIL
(909) 384-5238
James F. Penman, City Attorney
City of San Bernardino
300 North "0" Street, Sixth Floor
San Bernardino, CA 92418-0001
Re: Representation on Adult Entertainment License Ordinance and Related
Matters
Dear Mr. Penman:
Enclosed please find the original Professional Services Agreement which has been
executed by John E. Brown on behalf of Best Best & Krieger LLP.
Best Best & Krieger LLP looks forward to assisting the City of San Bernardino in
matters related to its adult entertainment license ordinance. As your cover letter requests, we will
await further direction from your staff regarding the services you wish us to provide.
In the meantime, please feel to contact Bob Hargreaves at (760) 568-7611 or me at
(909) 686-1450 with any questions or concerns.
Sincerely,
f-A~
for BEST BEST & KRIEGER LLP
MXMJss
Enclosure
cc: Huston T. Carlyle, Jr., Senior Assistant City Attorney
R VPUB\\L"{M\623801
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 9, 2002
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-349 - Best, Best & Krieger LLP
CC:
Attached is a fully executed copy of the professional services agreement with Best, Best &
Krieger LLP to advise the City Attorney's Office concerning the review, application and
enforcement of its adult entertainment license ordinance and related matters.
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): ~ Item # S I
Vote: Ayes \ -S ( t") Nays..e-
Change to motion to amend original documents:
Resolution # 2m \ -~ q
Abstain .fr- Absent ~
Reso. # On Attachments: /
Contract term: -
NullNoid After: (",0 OA-{:::' /1- /'1( -0 '2..
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor:\>-! \ \ ~ t> \
Date of Mayor's Signature: ~
Date of Clerk/CDC Signature: ~L \ ) D I
Reso. Log Updated: V
Seal Impressed: v"
Date Memo/Letter Sent for Signature:
.ftH1ay Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
ll-J 1-6\
1-4-0~
See Attached:......... Date Returned:
See Attached: Y
See Attached:
I-j;--();:}-
Request for Council Action & Staff Report Attached: Yes -L No By
Updated Prior Resolutions (Other Than Below): Yes No V By
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No~ By
Updated CDC Personnel Folders (5557): Yes NO? By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By
Copies Distributed to:
City Attorney V Code Compliance
Dev. Services
EDA
Finance .,/"
MIS
Parks & Rec.
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: ..!l:l:r.-
Date: 1-"1 -O~
Revised 01/12/01