HomeMy WebLinkAbout2011-058
1 RESOLUTION NO. 2011-58
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN TIMOTHY SABO, OF LEWIS, BRISBOIS, BISGAARD & SMITH
AND THE CITY OF SAN BERNARDINO TO ADVISE THE PLANNING COMMISSION
4 AND THE MAYOR AND COMMON COUNCIL REGARDING THE PROPOSED
REVOCATIONIMODIFICATION OF CONDITIONAL USE PERMIT NO. 93-14 TO
5 OPERATE A NIGHTCLUB AT 295 E. CAROLINE STREET, SAN BERNARDINO.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
10 to execute on behalf of said City a Professional Services Agreement between Timothy Sabo, of Lewis
11 Brisbois Bisgaard & Smith, and the City of San Bernardino to advise the Planning Commission and
12 the Mayor and Common Council regarding the proposed revocation/modification of Conditional Use
13 Permit No. 93-14 to operate a nightclub at 295 E. Caroline Street, San Bernardino, a copy of which
14 is attached hereto marked Exhibit "A" and incorporated herein by reference.
15 SECTION 2. The authorization granted by this Resolution shall expire and be void and
16 of no further effect if the Agreement is not executed by both parties and returned to the Office of the
17 City Clerk within sixty (60) days following the effective date of this Resolution.
18 /II
19 /II
20 1/1
21 /II
22 /II
23 1/1
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25 / / /
26 1/1
27 /II
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2011-58
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN TIMOTHY SABO, OF LEWIS, BRISBOIS, BISGAARD & SMITH
AND THE CITY OF SAN BERNARDINO TO ADVISE THE PLANNING COMMISSION
3 AND THE MAYOR AND COMMON COUNCIL REGARDING THE PROPOSED
REVOCATION/MODIFICATION OF CONDITIONAL USE PERMIT NO .93-14 TO
4 OPERATE A NIGHTCLUB AT 295 E. CAROLINE STREET, SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the -Lday
,2011, by ihe following vote, to wit:
8 of March
9 COUNCIL MEMBERS:
10 MARQUES
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19
AYES
X
NAYS
ABSTAIN ABSENT
---1L
X
---1L
X
---1L
~~h.~
Rac el Clark, City Clerk
The foregoing Resolution is hereby approved this /11.;' day of M"un ,2011.
20
21
22
23
24
Approved as to form:
25
JAMES F. PENMAN,
C"'A;2:. c." ,
'~L
By: ./ v.. l:~
'/
26
27
28
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~c/>
--
Tobin Brinker, Mayor Pro Tern
City of San Bernardino
PROFESSIONAL SERVICES AGREEMENT
2
3 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and TIMOTHY SABO,
4 of LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "SABO") are the parties to this
5 Agreement.
6 2. SABO will advise the Planning Commission and the Mayor and Common Council
7 regarding the proposed revocation/modification of Conditional Use Permit No. 93-14 to operate a
8 nightclub at 295 E. Caroline Street, San Bernardino. SABO shall not represent any client in any type
9 of claim against the CITY without prior written approval to do so from the CITY through the City
10 Attorney's Office.
11 3. SABO shall be paid at the rate of$160.00 per hour. The amounts expended under
12 this Agreement for attorneys' fees shall not exceed $25,000 without further approval of the Mayor
13 and Common Council.
14 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
15 each succeeding month.
16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 SABO may include a single charge in an amount not to exceed four percent (4%) of attorneys' fees
19 in lieu of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorneys' fees are charged "portal to portal" (e.g., from office to court and return),
21 then SABO shall not be entitled to reimbursement for mileage and parking fees.
22 7. SABO shall obtain approval from the CITY to retain expert witnesses, consultants,
23 and other professionals (not including court reporters) for purposes of this Agreement. SABO may,
24 ifhe chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY
25 on his periodic statement, or he may forward the consultant's bill to the CITY with a request that the
26 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
27 CITY'S Finance Department.
28 8. Only Timothy Sabo of Lewis, Brisbois, Bisgaard & Smith, shall perform the services
F:\ROTH\Agreements\CiA Saba PSA.wpd
I
EXHIBIT" A"
1 agreed to hereunder.
2
3
4
9.
10.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
11.
Any of the parties may terminate this Agreement at will. SABO will continue to
5 represent the CITY on the terms and conditions in this Agreement until the case and file are
6 transferred to another attorney.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
18.
SABO is an independent contractor as to the CITY.
19.
a)
SABO shall maintain the following types of insurance with limits as shown:
Workers Compensation as required by the laws of the State of California,
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of SABO and all risks to such persons under this Agreement.
SABO shall require its Workers Compensation carrier to waive all rights of
subrogation against the CITY and its officers and employees and any others for
whom services are being provided under this Agreement.
b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles. The policy shall have at least a combined single limit of$l ,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."
SABO shall furnish certificates of insurance and certified copies of all policies and
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
27
to the commencement of performance of services hereunder, which certificates shall provide that
28
2
F:\ROTH\Agreemcnts\CiA Saba PSAwpd
EXHIBIT "A"
I such insurance shall not be terminated or expire without thirty (30) days written notice to the City
2 Attorney's Office, and shall maintain such insurance from the time SABO commences performance
3 of services hereunder until the completion of such services.
4 All policies, with respect to the insurance coverage above required, except for the
5 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
6 obtain additional endorsements naming the CITY, its employees, agents, commissioners, board
7 members, volunteers and officers as additional named insureds with respect to liabilities arising out
8 of the performance of services hereunder.
9 All policies required above are to be primary and non-contributing with any insurance
10 policies or self-insurance programs carried or administered by the CITY or other parties represented
II under this Agreement.
12 20.
13
14
IS
16 Dated:
17
18
19
20 Dated:
21
22
23
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
,2011
LEWIS BRISBOIS BISGAARD & SMITH
By: Timothy Sabo
,2011
CITY OF SAN BERNARDINO
By: Patrick J. Morris, Mayor
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
26
By:
27
28
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3
EXHIBIT "A"
2011-58
I PROFESSIONAL SERVICES AGREEMENT
2
3 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and TIMOTHY SABO,
4 of LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "SABO") are the parties to this
5 Agreement.
6 2. SABO will advise the Planning Commission and the Mayor and Common Council
7 regarding the proposed revocationJmodification of Conditional Use Permit No. 93-14 to operate a
8 nightclub at 295 E. Caroline Street, San Bernardino. SABO shall not represent any client in any type
9 of claim against the CITY without prior written approval to do so from the CITY through the City
10 Attorney's Office.
II 3. SABO shall be paid at the rate of$160.00 per hour. The amounts expended under
12 this Agreement for attorneys' fees shall not exceed $25,000 without further approval of the Mayor
13 and Common Council.
14 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
15 each succeeding month.
16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 SABO may include a single charge in an amount not to exceed four percent (4%) of attorneys' fees
19 in lieu of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorneys' fees are charged "portal to portal" (e.g., from office to court and return),
21 then SABO shall not be entitled to reimbursement for mileage and parking fees.
22 7. SABO shall obtain approval from the CITY to retain expert witnesses, consultants,
23 and other professionals (not including court reporters) for purposes ofthis Agreement. SABO may,
24 ifhe chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY
25 on his periodic statement, or he may forward the consultant's bill to the CITY with a request that the
26 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
27 CITY'S Finance Department.
28 8. Only Timothy Sabo of Lewis, Brisbois, Bisgaard & Smith, shall perform the services
F:\ROTH\Agreements\CiA Saba PSAwpd
2011-58
I agreed to hereunder.
2
3
4
No client development costs are to be included in billings.
9.
10.
No continuing education expenses are to be included in billings.
II.
Any of the parties may terminate this Agreement at will. SABO will continue to
5 represent the CITY on the terms and conditions in this Agreement until the case and file are
6 transferred to another attorney.
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
18.
SABO is an independent contractor as to the CITY.
19.
a)
SABO shall maintain the following types of insurance with limits as shown:
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 SABO and all risks to such persons under this Agreement.
SABO 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.
b)
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."
SABO shall furnish certificates of insurance and certified copies of all policies and
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
27
to the commencement of performance of services hereunder, which certificates shall provide that
28
F:\ROTH\Agreements\CiA Sabo PSA.wpd
2
2011-58
I such insurance shall not be terminated or expire without thirty (30) days written notice to the City
2 Attorney's Office, and shall maintain such insurance from the time SABO commences performance
3 of services hereunder until the completion of such services.
4 All policies, with respect to the insurance coverage above required, except for the
5 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
6 obtain additional endorsements naming the CITY, its employees, agents, commissioners, board
7 members, volunteers and officers as additional named insureds with respect to liabilities arising out
8 of the performance of services hereunder.
9 All policies required above are to be primary and non-contributing with any insurance
10 policies or self-insurance programs carried or administered by the CITY or other parties represented
II under this Agreement.
12
20.
All communications and billings to the CITY are to be directed as follows:
13
14
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
15
16 Dated: I-f (I ")..
17
, 2011
LEWIS BRISBOIS BISGAARD & SMITH
\ '~iL
By:Timotliy S 0
18
19
20 Dated:~, 2011
21
22
CITY OF SAN BERNARDINO
~
23
24
Approved as to form:
25
26
27
28
JAMES F. PENMAN,
CitYA~ /.
By: /- . / .~ ';C.,;<-~
,
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3