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CITY OF SAN BERtJI'RDINO - REQUEST r')R COUNCIL ACTION
From: James F. Penman
Subject: Resolution.. . Authorizing
Execution of an Agreemet for
Legal Services with Best,
Best & Krieger
Dept: Ci ty Attorney
Date: July 28, 1994
Synopsis of Previous Council action:
Discussed in Closed Session.
Recommended motion:
Adopt Resolution.
.f21~~~tt,
Signature
,
Contact person:
Richard J. Morillo
Phone:
5055
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda I tem No.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
BEST, BEST & KRIEGER.
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 for legal services between the
City of San Bernardino and the law firm of Best, Best & Krieger,
11 a copy of which is attached hereto marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length.
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SECTION 2.
The authorization to execute the above-
referenced Agreement is rescinded if the parties to the Agreement
fail to execute it within sixty (60) days of the passage of this
Resolution.
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July 28. 1994
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
BEST, BEST & KRIEGER. .
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4 I HEREBY CERTIFY that the foregoing Resolution was duly
5 adopted by the Mayor and Common Council of the City of
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San Bernardino at a
meeting thereof, held on the
day of
, 1994, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
City Clerk
The foregoing Resolution is hereby approved this
day
of
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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July 28. 1994
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PROFESSIONAL SERVICES AGREEMENT
Leslie Bond v. Community Development Commission of the
City of San Bernardino, et al.
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of BEST, BEST & KRIEGER (hereinafter "BB&K") are the
parties to this Agreement.
2. BB&K will be representing the following entities in
this litigation: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CITY OF SAN BERNARDINO, WILLIAM ROBERT HOLCOMB,
individually, as MAYOR OF THE CITY OF SAN BERNARDINO, and as
CHAIRMAN OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CIVIL
SERVICE BOARD OF THE CITY OF SAN BERNARDINO, TIMOTHY C. STEINHAUS,
15 individually and as AGENCY ADMINISTRATOR OF THE ECONOMIC
DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, and LORRAINE
VELARDE, an individual.
3. BB&K shall be paid at the hourly rates set forth below:
Partners - $140.00 per hour;
Senior Associates - $130.00 per hour;
Junior Associates - $120.00 per hour; and
Law Clerks/Paralegals - $65.00 per hour.
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.
BB&K may include a single charge in an amount not to exceed four
percent (4%) of fees in lieu of reimbursement for photocopying,
telephone charges, and postage.
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July 28. 1994
Exhibit "A"
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6. If attorney's fees are charged "portal to portal"
(e.g., from office to court and return), then BB&K shall not be
entitled to reimbursement for mileage and parking fees.
7. BB&K shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. BB&K 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 whenever any significant event occurs, and
in any event at least quarterly. Information sufficient to set
reserves, including, without limitation, potential liability
exposure and percentage of fault shall be included.
9. Copies of all opinions, pleadings, discovery and
motions shall be provided to the City Attorney's Office which may
reproduce same and provide copies to other parties or attorneys in
this, or other litigation.
10. Copies of any correspondence and other documents sent
to any of the defendants in this action shall also be provided to
the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval.
Request for settlement authority shall be made through the City
Attorney's Office which shall obtain the necessary CITY approvals.
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12. In the event the settlement value of the case appears
to exceed $50,000, the City Attorney's Office shall be notified
immediately.
13. Only Meredith Jury of BB&K or other Senior Attorney
approved by the CITY shall try this case.
14. No client development costs are to be included in
billings.
15. No continuing education expenses are to be included in
billings.
16. Final billing shall be accompanied by copies of the
Request for Dismissal, Satisfaction of Judgment, Release and any
other final documents.
17. Either party may terminate this contract at will. BB&K
will continue to represent the CITY on the terms and conditions in
this Agreement until the case and file are transferred to another
attorney.
18. BB&K is an independent contractor as to the CITY.
19. BB&K shall maintain the following types of insurance
with limits as shown:
a) Workers Compensation as required by the laws
of the State of California.
b) Comprehensive General Liability Insurance
coverage. The policy shall have at least a combined
single limit of $1,000,000 for bodily injury and
property damage.
c) Professional Liability Insurance wi th limits
of at least $1,000,000 per claim.
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July 28. 1994
or administered
this Agreement.
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July 28. 1994
1 20. All communications and billings to the CITY are to be
2 directed as follows:
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6 DATED:
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10 DATED:
, 1994.
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APPROVED AS TO FORM
AND LEGAL CONTENT
JAMES F. PENMAN
City Attorney
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By: Rich
Sr. Asst..
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
1994.
BEST, BEST & KRIEGER
By: Peter Barmack
CITY OF SAN BERNARDINO
By: Tom Minor, Mayor
ATTEST:
Rachel Clark, City Clerk
L~~~
. Morillo
ity Attorney
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July 28. 1994