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RESOLUTION (ID# 1371) DOC ID: 1371
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: James F. Penman M/CC Meeting Date: 11/07/2011
Prepared by: Richard D. Luczak, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith
and the City of San Bernardino for Legal Services in the Case of Jose Munoz V. City of San
Bernardino, Et Al., San Bernardino Superior Court Case No. Civds 1110863.
Financial Impact:
Motion: That said resolution be adopted.
Synopsis of Previous Council Action:
None.
Background:
The City of San Bernardino is currently involved in litigation regarding the arrest of
plaintiff. The plaintiff claims various injuries in relation to his arrest during a domestic dispute.
The Mayor and Common Council have approved retention of the law firm of Lewis
Brisbois Bisgaard& Smith to represent the City of San Bernardino and its employees regarding
the case entitled Jose Munoz v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS 1110863..
Attached hereto is the Professional Services Agreement which reflects such approval,
including a ceiling of$25,000 on attorney fees and the requirement of regular status reports.
It is requested by the City Attorney that the following floor motion be adopted
authorizing the Mayor to execute the Professional Services Agreement on behalf of the City of
San Bernardino.
"That the Mayor of the City of San Bernardino and Common Council authorize and
direct the Mayor of the City of San Bernardino to execute on behalf of the City of San
Bernardino the Professional Services Agreement with the law firm of Lewis Brisbois Bisgaard&
Smith to represent the City of San Bernardino and its employees regarding the case entitled Jose
Munoz v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS
1110863."
Updated: 11/3/2011 by Mayra Ochiqui
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1371
City Attorney Review:
Rdl
Supporting Documents:
Munoz.reso (PDF)
Munoz.PSA (PDF)
Updated: 11/3/2011 by Mayra Ochiqui
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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.
6 2. LBBS will represent the following defendants in the case of Jose Munoz v. City of
7 San Bernardino, et al.,San Bernardino Superior Court Case No.CIVDS 1110863.: CITY OF SAN
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8 BERNARDINO and any other designated officer or employee of the CITY who may later be named. w
9 LBBS shall not represent any client in any type of claim against the CITY without prior written v
10 approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. o
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11 3. LBBS shall be paid at the hourly rates set forth below: g
12 Attorneys - $145.00 per hour; and,
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13 Law Clerks/Paralegals - $70.00 per hour.
14 The amounts expended under this agreement for attorney fees shall not exceed 3
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15 $25,000 without further approval of the Mayor and Common Council. a.
16 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of M
17 each succeeding month.
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18 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, c
19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
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20 LBBS may include a single charge in an amount not to exceed four percent(4%)of attorney fees in E
21 lieu of reimbursement for photocopying, telephone charges, and postage.
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22 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.
24 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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I CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
2 CITY'S Finance Department.
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. LBBS shall comply with all reporting requirements of BICEP, if applicable.
7 9. The City Attorney shall be named as co-counsel in the case and on all pleadings filed
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8 in the case. �.
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9 10. Copies of all opinions,pleadings,discovery and motions shall be provided to the City v
10 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this c
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I 1 or other litigation.
12 11. Copies of any correspondence and other documents sent to any of the parties in this
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13 action shall also be provided to the CITY through the City Attorney's Office.
14 12. Any and all settlements shall require CITY approval. Request for settlement authority 3
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15 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
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16 13. In the event the settlement value of this case appears to exceed$50,000.00 the City M
17 Attorney's Office shall be notified immediately. <
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18 14. Only Arthur K.Cunningham of Lewis,Brisbois,Bisgaard&Smith or another senior c
19 attorney approved by the City shall conduct the trial of this case.
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20 15. No client development costs are to be included in billings. E
21 16. No continuing education expenses are to be included in billings. `w°
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22 17. Final billing shall be accompanied by copies of the Request for Dismissal,
23 Satisfaction of Judgment, Release and any other final documents.
24 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.
27 19. LBBS is an independent contractor as to the CITY.
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1 20. LBBS shall maintain the following types of insurance with limits as shown:
2 a) Workers Compensation as required by the laws of the State of California,
3 including Employment Liability with$250,000 limits covering all persons providing
4 service on behalf of LBBS and all risks to such persons under this Agreement. LBBS
5 shall require its Workers Compensation carrier to waive all rights of subrogation
6 against the CITY and its officers and employees and any others for whom services
7 are being provided under this Agreement.
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8 b) Comprehensive General and Automobile Liability Insurance coverage to include w
9 contractual coverage and automobile coverage for owned, hired and non-owned v
10 vehicles. The policy shall have at least a combined single limit of$1,000,000 for o
11 bodily injury and property damage.
12 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. In lieu
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13 of naming the CITY as an additional insured,the policy may be endorsed as follows: -1
14 "Insurance coverage afforded by this policy shall also apply 3
to the liability assumed by the Insured under the Agreement with the a
15 CITY OF SAN BERNARDINO for legal services, provided such a.
liability results from an error, omission or negligent act of the
16 insured, its officers, employees, agents, or subcontractors. All other M
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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 a
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endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
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to the commencement of performance of services hereunder, which certificates shall provide that d
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such insurance shall not be terminated or expire without thirty(30) days written notice to the City
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22 Attorney's Office,and shall maintain such insurance from the time LBBS commences performance a
23 of services hereunder until the completion of such services.
24 All policies,with respect to the insurance coverage above required, except for the Workers
25 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
26 additional endorsements naming the CITY and all parties represented under this Agreement, their
27 employees, agents, volunteers and officers as additional named insureds with respect to liabilities
28 arising out of the performance of services hereunder.
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I 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.
4 21. All communications and billings to the CITY are to be directed as follows:
5 City Attorney's Office
CITY OF SAN BERNARDINO
6 300 North"D" Street
San Bernardino, CA 92418
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8 Dated: 12011 LEWIS, BRISBOIS, BISGAARD & SMITH w
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By: Arthur K. Cunningham
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13 Dated: , 2011 CITY OF SAN BERNARDINO °_°
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By: Patrick J. Morris, Mayor
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19 Approved as to form:
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JAMES F. PENMAN,
21 City Attorney
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By:
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