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Home My WebLink About2012-055 RESOLUTION NO. 2012-55 9 directed to execute on behalf of said City a Professional Services Agreement between Lewis, 10 Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of 11 Michael Wade v. City of San Bernardino, et al., United States District Court Case No. CV 11- 12 9831 GHK (SPx), a copy of which is attached hereto and incorporated herein as Exhibit "A." 13 SECTION 2. The authorization granted by this Resolution shall expire and be void 14 and of no further effect if the agreement is not executed by both parties and returned to the 15 Office of the City Clerk within sixty (60) days following the effective date of this Resolution. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 2 SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CASE 3 OF MICHAEL WADE v. CITY OF SAN BERNARDINO, et al., UNITED STATES DISTRICT COURT CASE NO. CV 11-9831 GHK (SPx). 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 7 8 9 10 11 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 2nd day of April ,2012, by the following vote, to wit: 12 13 14 15 16 17 Council Members: AYES MARQUEZ x JENKINS x VALDIVIA x - SHORETT ~ KELLEY x JOHNSON x MCCAMMACK x - NAYS ABSTAIN ABSENT 22 23 24 Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney :; BT It... ~~ :S!;:~ tric J. Moms, Mayor City of San Bernardino 2012-55 PROFESSIONAL SERVICES AGREEMENT MICHAEL WADE v. CITY OF SAN BERNARDINO, et al. United States District Court Case No. CV 11-9831 GHK(SPx) 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "LBBS") are the parties to this Agreement. 2. LBBS will represent the following defendants in the case of Michael Wade v. City of San Bernardino, et al., United States District Court Case No. CV 11-9831 GHK(SPx): CITY OF SAN BERNARDINO, ADAM AFFRUNTI and any other designated officer or employee of the CITY who may later be named. LBBS shall not represent any client in any type of claim against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 3. LBBS shall be paid at the hourly rates set forth below: Attorneys - $145.00 per hour; and, Law ClerkslParalegals - $70.00 per hour. The amounts expended under this agreement for attorney fees shall not exceed $25,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of each succeeding month. 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. LBBS may include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone charges, and postage. F,\ROTH\Wade\LBBS PSA Page 1 , . 2012-55 6. If attorney fees are charged "portal to portal" (e.g., from office to court and retum), then LBBS shall not be entitled to reimbursement for mileage and parking fees. 7. LBBS shall obtain approval from the CITY to retain expert witnesses, consultants, and other professionals (not including court reporters) for purposes of the litigation. LBBS may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its periodic statement, or it may forward the consultant's bill to the 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 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. LBBS shall comply with all reporting requirements of BICEP, if applicable. 9. The City Attorney shall be named as co-counsel in the case and on all pleadings filed in the case. 10. 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. II. Copies of any correspondence and other documents sent to any of the parties in this action shall also be provided to the CITY through the City Attorney's Office. 12. 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. F:\ROTH\Wade\LBBS PSA Page 2 , . 2012-55 13. In the event the settlement value of this case appears to exceed $50,000.00 the City Attorney's Office shall be notified immediately. 14. Only Arthur K. Cunningham of Lewis, Brisbois, Bisgaard & Smith or another senior attorney approved by the City shall conduct the trial of this case. IS. No client development costs are to be included in billings. 16. No continuing education expenses are to be included in billings. 17. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release and any other final documents. 18. Either party may terminate this Agreement at will. LBBS will continue to represent the CITY on the terms and conditions in this Agreement until the case and file are transferred to another attorney. 19. LBBS is an independent contractor as to the CITY. 20. LBBS 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 service on behalf of LBBS and all risks to such persons under this Agreement. LBBS 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 F:\ROTH\Wade\LBBS PSA Page 3 , . 2012-55 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." 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 of services hereunder until the completion of such services. 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 employees, agents, volunteers and officers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance policies or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement. F:\ROTH\Wade\LBBS PSA Page 4 . . 2012-55 21. All communications and billings to the CITY are to be directed as follows: Dated: '-j - q- ,2012 Dated: 4/--,2012 Approved as to form: JAMES F. PENMAN, City Attorney By: L ll~ tl City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 LEWIS, BRISBOIS, BISGAARD & SMITH CITY OF SAN BERNARDINO ~~~ F:\ROTH\ Wade\LBBS PSA Page 5