HomeMy WebLinkAboutS2- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: Professional Services Agreement between the City
of San Bernardino and the law firm of Lewis,
Dept: CITY ATTORNEY D'Amato, Brisbois & Bisgaard to represent the
City in the case of Jaime Alvarez, et al. v. City
Date: April 17, 2000 / r Al of San Bernardino, et al.
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Synopsis of Previous Council action:
Mayor and Council approved Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the
subject court action.
Recommended motion:
That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on
behalf of the City of San Bernardino the Professional Services Agreement with the law firm of
Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the case of Jaime Alvarez, et al.
v. City of San Bernardino, et al.
Signature
Contact person: Robert L. Simmons Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Council Notes:
75- 62 Agenda Item No. _
y/h7 z000
STAFF REPORT
Council Meeting Date: April 17,2000
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: April 14, 2000
ITEM: Professional Services Agreement between the City of San Bernardino and the
law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the
case of Jaime Alvarez, et al. v. City of San Bernardino, et al., United States
District Court Case No. 00-03048 GHK (Rex)
At a prior meeting, the Mayor and Common Council approved the law firm of Lewis,
D/Amato,Brisbois& Bisgaard to represent the City in the above-referenced court action. Attached
hereto is the Professional Services Agreement which reflects such approval, including the initial
threshold of$20,000 and the requirement of regular status reports.
It is requested by the City Attorney that the floor motion be adopted so that the Mayor is
authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino.
attachment
1 PROFESSIONAL SERVICES AGREEMENT
2 Jaime Alvarez, et al v City of San Bernardino, et aL
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
5 Agreement.
6 2. LDB&B will be representing the following entities in this litigation: CITY OF SAN
7 BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
8 without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
9 Attorney's Office.
10 3. LDB&B shall be paid at the hourly rates set forth below:
11 Attorneys - $110.00 per hour; and,
12 Law Clerks/Paralegals - $50.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed
14 $20,000 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least quarterly.
16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 LDB&B may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
22 7. LDB&B shall obtain approval from the CITY to retain expert consultants and other
23 professionals(not including court reporters)for purposes of defending the litigation. LDB&B may,
24 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
25 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department.
28 8. Status reports will be submitted to CITY through the City Attorney's Office
RLS,js[ALVAREZ.AGRI 1
I whenever any significant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including, without limitation, potential liability exposure and percentage of fault shall
3 be included.
4 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
5 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
6 in this, or other litigation.
7 10. Copies of any correspondence and other documents sent to any of the defendants
8 in this action shall also be provided to the CITY through the City Attorney's Office.
9 11. Any and all settlements shall require CITY approval. Request for settlement
10 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
11 approvals.
12 12. In the event the settlement value of the case appears to exceed $50,000, the City
13 Attorney's Office shall be notified immediately.
14 13. Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BISGAARD or other
15 senior attorney approved by the CITY shall try this case.
16 14. No client development costs are to be included in billings.
17 15. No continuing education expenses are to be included in billings.
18 16. Final billing shall be accompanied by copies of the Request for Dismissal,
19 Satisfaction of Judgment, Release and any other final documents.
20 17. Either party may terminate this contract at will. LDB&B will continue to represent
21 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
22 another attorney.
23 18. LDB&B is an independent contractor as to the CITY.
24 19. LDB&B shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State
26 of California, including Employment Liability with $250,000 limits
27 covering all persons providing service on behalf of LDB&B and all risks to
28 such persons under this Agreement. LDB&B shall require its Workers
RIS/js[ALVAREZ.AGR] 2
I Compensation carrier to waive all rights of subrogation against the CITY
2 and its officers and employees and any others for whom services are being
3 provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance
5 coverage to include contractual coverage and automobile coverage for
as 6 owned, hired and non-owned vehicles. The policy shall have at least a
7 combined single limit of$1,000,000 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least
9 $1,000,000 per claim. In lieu of naming the CITY as an additional insured,
10 the policy may be endorsed as follows:
11 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF
12 SAN BERNARDINO for legal defense services, provided such liability
results from an error, omission or negligent act of the insured, its officers,
13 employees, agents or subcontractors. All other provisions of this policy are
to remain unchanged."
14
15 LDB&B shall furnish certificates of insurance and certified copies of all policies and
16 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
17 to the commencement of performance of services hereunder, which certificates shall provide that
18 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 LDB&B commences performance
19
20 of services hereunder until the completion of such services.
21 All policies, with respect to the insurance coverage above required, except for the
22 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
23 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
24 their employees, agents, volunteers and officers as additional named insured with respect to
25 liabilities arising out of the performance of services hereunder.
26 All policies required above are to be primary and non-contributing with any
27 insurance or self-insurance programs carried or administered by the CITY or other parties
represented under this Agreement.
28
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1 20. All communications and billings to the CITY are to be directed as follows:
2 City Attorney's Office
CITY OF SAN BERNARDINO
3 300 North "D" Street
4
San Bernardino, CA 92418
DATE 2000 LEWIS, D'AMATO, BRISBOIS &BISGAARD
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6 -
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8 y: Joseph Arias
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10 DATED: , 2000 CITY OF SAN BERNARDINO
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12 By: Judith Valles, Mayor
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20 Approved as to form and
legal content:
21
JAMES F. PENMAN,
22 City Attorney
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24 By:
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