HomeMy WebLinkAbout2011-287
1 RESOLUTION NO. 2011-287
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 FOR LEGAL SERVICES IN THE CASE OF JOSE MUNOZ J': CITY OF
4 SAN BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS
1110863.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Lewis, Brisbois, Bisgaard
10 & Smith and the City of San Bernardino for legal services in the case of Jose Munoz v. City of San
11 Bernardino, et ai., San Bernardino Superior Court Case No. CIVDS 1110863., a copy of which is
12 attached hereto and incorporated herein as Exhibit "A."
13 SECTION 2. The authorization granted by this Resolution shall expire and be void and
14 of no further effect if the agreement is not executed by both parties and returned to the Office ofthe
15 City Clerk within sixty (60) days following the effective date of this Resolution.
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2011-287
1 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 FOR LEGAL SERVICES IN THE CASE OF JOSE MUNOZ v: CITY OF
3 SAN BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS
1110863.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a Regular meeting thereof, held on the7thday
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of November
, 2011, by the following vote, to wit:
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COUNCIL MEMBERS: AYES
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MARQUEZ X
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JENKINS X
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BRINKER X
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SHORETT X
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KELLEY X
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JOHNSON X
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MC CAMMACK X
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NAYS
ABSTAIN ABSENT
~~~~
Rae el Clark, City Clerk
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The foregoing Resolution is hereby approved thislp/7fday of November, 2011.
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Approved as to form:
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JAMES F. PENMAN,
City Attorney <
BY~~ -;t!,=~
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2011-287
1 PROFESSIONAL SERVICES AGREEMENT
2 JOSE MUNOZ v.: CITY OF SAN BERNARDINO, ET AL., San Bernardino Superior Court
Case No. CIVDS 1110863.
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4
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "LBBS") are the parties to this Agreement.
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2.
LBBS will represent the following defendants in the case of Jose Munoz v. City of
7 San Bernardino, eta/., San Bernardino Superior Court Case No. CIVDS 1110863.: CITY OF SAN
8 BERNARDINO and any other designated officer or employee of the CITY who may later be named.
9 LBBS shall not represent any client in any type of claim against the CITY without prior written
10 approval to do so from the CITY OF SAN BERNARDINO through the City Ahorney's Office.
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3.
LBBS shall be paid at the hourly rates set forth below:
12 Attorneys - $145.00 per hour; and,
13 Law Clerks/Paralegals - $70.00 per hour.
14 The amounts expended under this agreement for attorney fees shall not exceed
15 $25,000 without further approval of the Mayor and Common Council.
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4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
17 each succeeding month.
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5.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
20 LBBS may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
21 lieu of reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney fees are charged "portal to portal" (e.g., from office to court and return),
23 then LBBS shall not be entitled to reimbursement for mileage and parking fees.
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7.
LBBS shall obtain approval from the CITY to retain expert witnesses, consultants,
25 and other professionals (not including court reporters) for purposes of the litigation. LBBS may, if
26 it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on
27 its periodic statement, or it may forward the consultant's bill to the CITY with a request that the
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2011-287
1 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
2 CITY'S Finance Department.
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8.
Status reports will be submitted to the CITY through the City Attorney's Office
4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
5 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
6 be included. LBBS shall comply with all reporting requirements of BICEP, if applicable.
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9.
The City Attorney shall be named as co-counsel in the case and on all pleadings filed
8 in the case.
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10.
Copies of all opinions, pleadings, discovery and motions shall be provided to the City
10 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
11 or other litigation.
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11.
Copies of any correspondence and other documents sent to any of the parties in this
13 action shall also be provided to the CITY through the City Attorney's Office.
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12.
Any and all settlements shall require CITY approval. Request for settlement authority
15 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
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13.
In the event the settlement value of this case appears to exceed $50,000.00 the City
17 Attorney's Office shall be notified immediately.
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14.
Only Arthur K. Cunningham of Lewis, Brisbois, Bisgaard & Smith or another senior
19 attorney approved by the City shall conduct the trial of this case.
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15.
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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 copies of the Request for Dismissal,
23 Satisfaction of Judgment, Release and any other final documents.
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18.
Either party may terminate this Agreement at will. LBBS will continue to represent
25 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
26 another attorney.
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19.
LBBS is an independent contractor as to the CITY.
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-2011-287
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20.
a)
LBBS 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 ofLBBS and all risks to such persons under this Agreement. LBBS
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shall require its Workers Compensation carrier to waive all rights of subrogation
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against the CITY and its officers and employees and any others for whom services
b)
are being provided under this Agreement.
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.
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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."
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LBBS 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
to the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the City
Attorney's Office, and shall maintain such insurance from the time LBBS commences performance
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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 obtain
additional endorsements naming the CITY and all parties represented under this Agreement, their
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employees, agents, volunteers and officers as additional named insureds with respect to liabilities
arising out of the performance of services hereunder.
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2011-287
1 All policies required above are to be primary and non-contributing with any insurance
2 policies or self-insurance programs carried or administered by the CITY or other parties represented
3 under this Agreement.
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21.
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
8 Dated: NO"G?\\\~ 2."\,2011
LEWIS, BRISBOIS, BISGAARD & SMITH
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1A ~ \vv-. Q
BpArthur K. Cunningham
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13 Dated'l'I1V1A1kIO, 2011
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CITY OF SAN BERNARDINO
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: Per rick J. Mo~yor
19 Approved as to form:
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JAMES F. PENMAN,
City Attorney'
By:L~
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