HomeMy WebLinkAbout16- City Attorney ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
i
From: JAMES F. PENMAN Subject:Resolution of the Mayor and Common Council
City Attorney of the City of San Bernardino Authorizing the Execution
of a Professional Services Agreement with Brunick,
Dept: CITY ATTORNEY McElhaney & Beckett and the City of San Bernardino
for Legal Services in the Case of Michael Street v. City
Date: January 2010 of San Bernardino, et al. San Bernardino Superior Court
Case No. CIVDS 910518
Synopsis of Previous Council Action: None
Recommended motion: That the Resolution be adopted.
Signature
Contact person: Richard D. Luczak Phone: 5355
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
1fGSO o�0/d —//a
Agenda Item No./t
P:\LUCZAK\CIVIL\StreetStreet.RCA.wpd
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT WITH BRUNICIC, MCELHANEY & BECKETT AND THE
CITY OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CASE OF MICHAEL
4 STREET Y. CITY OF SAN BERNARDINO, ETAL. SAN BERNARDINO SUPERIOR
COURT CASE NO. CIVDS 910518
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City a Professional Services Agreement between Brunick,
10 McElhaney&Beckett and the City of San Bernardino for legal services in the case of Michael
11 Street v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS
12 910518, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
13 reference as though fully set forth at length.
14 SECTION 2. The authorization granted hereunder shall expire and be void and of no
15 further effect if the agreement is not executed by both parties and returned to the Office of the
16 City Clerk within sixty (60) days following the effective date of the resolution.
17
18
19
20
21
22
23
24
25
26
27
28
P ALUCZAK\CNIL\Stneet\Street.Reso re Services Ageernentmpd
1
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH BRUNICK,MCELHANEY & BECKETT AND THE CITY OF
3 SAN BERNARDINO FOR LEGAL SERVICES IN THE CASE OF MICHAEL STREET Y.
CITY OF SAN BERNARDINO, ETAL. SAN BERNARDINO SUPERIOR COURT CASE
4 NO. CIVDS 910518
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a meeting
7
thereof, held on the day of 2010, by the following vote, to wit:
8
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
BAXTER
11
BRINKER
12
SHORETT
13
KELLEY
14
15 JOHNSON
MCCAMMACK
16
17
18 Rachel G. Clark, City Clerk
19
The foregoing Resolution is hereby approved this day of
20 2010.
21
22 PATRICK J. MORRIS, Mayor
City of San Bernardino
23
Approved as to form:
24
25
26 JAMES F. PENMAN
27 City Attorney
28
P:\LUCZAK\CNIL\Stmt\Street.Reso m Smices Agme t.wpd
2
PROFESSIONAL SERVICES AGREEMENT Exhibit "Avg
I MICHAEL STREET v. CITY OF SAN BERNARDINO, et al.
2 SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 BRUNICK,McELHANEY&BECKETT(hereinafter`BM&B")are the parties to this Agreement.
5 2. BM&B will represent the following entities and persons in Michael Street v. City of
6 San Bernardino, et al., San Bernardino Superior Court Case No. CLADS 910518: CITY OF SAN
7 BERNARDINO, and any designated officer or employee of the CITY. BM&B shall not represent
8 any client in any type of claim against the CITY without prior written approval to do so from the
9 CITY OF SAN BERNARDINO through the City Attorney's Office.
10 3. BM&B shall be paid at the hourly rates set forth below:
11 Attorneys - $145.00 per hour; and,
12 Law Clerks/Paralegals - $70.00 per hour.
13 The amounts expended under this agreement for attorney fees shall not exceed
14 $25,000 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least on a monthly basis and no later than the 5' day of
16 each succeeding month.
17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 BM&B may include a single charge in an amount not to exceed four percent (4 9/o) of attorney fees
20 in lieu of reimbursement for photocopying, telephone charges, and postage.
21 6. If attorney fees are charged"portal to portal"(e.g., from office to court and return),
22 then BM&B shall not be entitled to reimbursement for mileage and parking fees.
23 7. BM&B shall obtain approval from the CITY to retain expert witnesses,consultants,
24 and other professionals (not including court reporters) for purposes of the litigation. BM&B may,
25 if it chooses,pay the fees and charges of such consultants and seek reimbursement from the CITY
26 on its periodic statement,or it may forward the consultant's bill to the CITY with a request that the
27 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
28 CITY'S Finance Department.
P:\LUCZAK\CNIL\Svmt\Street.Dolen Prof Services Agrmt.wpd 1
PROFESSIONAL SERVICES AGREEMENT
1 MICHAEL STREET v. CITY OF SAN BERNARDINO, et al.
2 SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
3 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 of fault,shall
6 be included.
7 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the City
8 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
9 or other litigation.
10 10. Copies of any correspondence and other documents sent to any of the parties in this
11 action shall also be provided to the CITY through the City Attorney's Office.
12 11. Any and all settlements shall require CITY approval. Request for settlement authority
13 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
14 12. In the event the settlement value of this case appears to exceed$50,000.00 the City
15 Attorney's Office shall be notified immediately.
16 13. Only Raymond Dolen ofBRUNICK,McELHANEY&BECKETT or another senior
17 attorney approved by the City Attorney shall conduct the trial of this case.
18 14. No client development costs are to be included in billings.
19 15. No continuing education expenses are to be included in billings.
20 16. Final billing shall be accompanied by copies of the Request for Dismissal,
21 Satisfaction of Judgment, Release and any other final documents.
22 17. Either party may terminate this Agreement at will. BM&B will continue to represent
23 the CITY on the terms and conditions in this Agreement until-the case and-file-ara transferred to
24 another attorney.
25 18. BM&B is an independent contractor as to the CITY.
26 19. BM&B shall maintain the following types of insurance with limits as shown:
27 a) Workers Compensation as required by the laws of the State of California,
28
P:\LUCZAK\CIVIL\Street\Street.Dolen Prof services Agrmt.wpd 2
PROFESSIONAL SERVICES AGREEMENT
1 MICHAEL STREET v. CITY OF SAN BERNARDINO, et al.
SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
including Employment Liability with$250,000 limits covering all persons providing
4 service on behalf of BM&B and all risks to such persons under this Agreement.
5 BM&B shall require its Workers Compensation carrier to waive all rights of
6 subrogation against the CITY and its officers and employees and any others for
7 whom services are being provided under this Agreement.
8 b) Comprehensive General and Automobile Liability Insurance coverage to
9 include contractual coverage and automobile coverage for owned, hired and non-
10 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
11 for bodily injury and property damage.
12 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
13 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
14 follows:
"Insurance coverage afforded by this policy shall also apply
15 to the liability assumed by the Insured under the Agreement with the
16 CITY OF SAN BERNARDINO for legal services, provided such
liability results from an error, omission or negligent act of the
17 insured, its officers, employees, agents,or subcontractors. All other
provisions of this policy are to remain unchanged."
18
19 BM&B 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
21 to the commencement of performance of services hereunder, which certificates shall provide that
22 such insurance shall not be terminated or expire without thirty(30)days written notice to the City
23 Attorney's Office,and shall maintain such insurance from the time BM&B commencesperformance
24 of services 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
28
P:\LUCZAK\CIVIL\Stmet\Stmt.Dolen Prof Services Agmt.wpd 3
PROFESSIONAL SERVICES AGREEMENT
1 MICHAEL STREET v. CITY OF SAN BERNARDINO, et al.
SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 910518
3 employees, agents, volunteers and officers as additional named insured with respect to liabilities
4 arising out of the performance of services hereunder.
5 All policies required above are to be primary and non-contributing with any insurance
6 policies or self-insurance programs carried or administered by the CITY or other parties represented
7 under this Agreement.
8 20. All communications and billings to the CITY are to be directed as follows:
9 City Attorney's Office
CITY OF SAN BERNARDINO
10 300 North "D" Street
San Bernardino, CA 92418
11
12 Dated: February, 2010 BRUNICK, McELHANEY& BECKETT
13
14 B Y: Raymond and F. Dolen
15
16
17 Dated: February_, 2010 CITY OF SAN BERNARDINO
18
19 By: Patrick J. Morris, Mayor
20
21 Approved as to form:
22 JAMES F. PENMAN,
23 City Attorney
24
By
25
26
27
28
P:\LUCZAK\CNIL\Strmt\Street.Dolen Prof Services Agrmt.wpd 4