HomeMy WebLinkAbout2011-307
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RESOLUTION NO. 2011-307
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TERMINATING THE PROFESSIONAL SERVICES AGREEMENT WITH
BRUNICK, MCELHANEY & BECKETT AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH ORRICK, POPKA, FORTINO &
BRISLIN FOR LEGAL SERVICES IN THE CASE OF MICHAEL STREET, v. CITY OF SAN
BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
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WHEREAS, Attorney Raymond Dolen of the law firm of Brunick, McElhaney & Beckett has
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been providing excellent representation to the City of San Bernardino and its named employees in the
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case of Michael Street v. City of San Bernardino, et al., San Bernardino Superior Court Case No.
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CrvDS 910518; and,
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WHEREAS, Attorney Raymond F, Dolen has left the law firm of Brunick, McElhaney &
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Beckett, and joined the law firm of Orrick, Popka, Fortino & Brislin;
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THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Professional Services Agreement between the City of San Bernardino and
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the law firm of Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the
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case of Michael Street v. City of San Bernardino, et al., San Bernardino Superior Court Case No.
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CrvDS 910518, approved by Resolution No. 2010-16, is hereby terminated.
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SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed to
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execute on behalf of said City a Professional Services Agreement between Orrick, Popka, Fortino &
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Brislin and the City of San Bernardino for legal services in the case of Michael Street v. City of San
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Bernardino, et at., San Bernardino Superior Court Case No, CIVDS 910518, a copy of which is
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attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
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length,
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SECTION 3. The authorization granted by this Resolution shall expire and be void and of no
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further effect if the agreement is not executed by both parties and returned to the Office of the City
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Clerk within sixty (60) days following the effective date of this Resolution.
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SECTION 4. The Agreement is effective September 26,2011; any action taken under the
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Agreement between September 26,2011 and the effective date of this Resolution is hereby ratified.
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2011-307
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TERMINATING THE PROFESSIONAL SERVICES AGREEMENT WITH
BRUNICK, MCELHANEY & BECKETT AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH ORRICK, POPKA, FORTINO &
BRISLIN FOR LEGAL SERVICES IN THE CASE OF MICHAEL STREET, v. CITY OF SAN
BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
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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 ioint regular meeting thereof, held on the
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5th day of December
,2011, by the following vote, to wit:
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9 COUNCIL MEMBERS:
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AYES
NAYS
ABSTAIN ABSENT
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MARQUEZ x
JENKINS x
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
MCCAMMACK X
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fi~ ~ ~
Rac el G. Clark, City Clerk
City of San Bernardino
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The foregoing Resolution is hereby approved this (P day of December, 2011.
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Approved as to form:
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2011-307
PROFESSIONAL SERVICES AGREEMENT
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MICHAEL STREET, v. CITY OF SAN BERNARDINO, et al..,
SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ORRICK,
5 POPKA, FORTINO & BRISLIN (hereinafter "OPFB") are the parties to this Agreement.
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2.
OPFB will be representing the CITY OF SAN BERNARDINO and any other designated
7 officers or employees of the CITY in the case of Michael Street v. City of San Bernardino, et al., San
8 Bernardino Superior Court Case No. CIVDS 910518. OPFB shall not represent any client in any type
9 of claim against the CITY without prior written approval to do so from the CITY OF SAN
10 BERNARDINO through the City Attorney's Office.
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3.
OPFB 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 $25,000
15 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 each
17 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 OPFB may include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu
21 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), then
23 OPFB shall not be entitled to reimbursement for mileage and parking fees.
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7.
OPFB shall obtain approval from the CITY to retain expert witnesses, consultants, and
25 other professionals (not including court reporters) for purposes of the litigation. OPFB may, if it
26 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
27 periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY pay
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2011-307
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 the 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 ofthe parties 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.
12. In the event the settlement value ofthis case appears to exceed $50,000.00 the City
Attorney's Office shall be notified immediately.
13. Only Raymond F. Dolen of Orrick, Popka, Fortino & Brislin or another senior attorney
approved by the City shall conduct the trial of 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 Agreement at will. OPFB 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. OPFB is an independent contractor as to the CITY.
19. OPFB 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 covering all persons providing
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2011-307
service on behalf of OPFB and all risks to such persons under this Agreement. OPFB
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shall require its Workers Compensation carrier to waive all rights of subrogation against
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the CITY and its officers and employees and any others for whom services are being
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provided under this Agreement.
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b)
Comprehensive General and Automobile Liability Insurance coverage to
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include contractual coverage and automobile coverage for owned, hired and non-
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owned vehicles. The policy shall have at least a combined single limit of
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$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
10 lieu of naming the CITY as an additional insured, the policy may be endorsed as
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12 "Insurance coverage afforded by this policy shall also
13 apply to the liability assumed by the Insured under the
14 Agreement with the CITY OF SAN BERNARDINO for
15 legal services, provided such liability results from an error,
16 omission or negligent act of the insured, its officers,
17 employees, agents, or subcontractors. All other provisions
18 of this policy are to remain unchanged."
19 OPFB shall furnish certificates of insurance and certified copies of all policies and
20 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to
21 the commencement of performance of services hereunder, which certificates shall provide that such
22 insurance shall not be terminated or expire without thirty (30) days written notice to the City Attorney's
23 Office, and shall maintain such insurance from the time OPFB commences performance of services
24 hereunder until the completion of such services.
25 All policies, with respect to the insurance coverage above required, except for the Workers
26 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
27 additional endorsements naming the CITY and all parties represented under this Agreement, their
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2011-307
1 employees, agents, volunteers and officers as additional named insureds with respect to liabilities
2 arising out of the performance of services hereunder.
3 All policies required above are to be primary and non-contributing with any insurance policies
4 or self-insurance programs carried or administered by the CITY or other parties represented under this
5 Agreement.
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20.
All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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21. The effective date ofthis Agreement is September 26,2011.
Dated: * 2011 ORRICK, POPKA, FORTINO & BRISLIN
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14 Dated:~2011
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CITY OF SAN BERNARDINO
~~ayor
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Approved as to form:
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JAMES F. PENMAN,
City AttL. .'
By: <c ~
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