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RESOLUTION (ID # 1370) DOC ID: 1370
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 Rovinksi Renter V. City of San
Bernardino, Et Al.,United States District Court Case No. Cv 11-07222 Gaf(Cwx).
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, including bodily injury during the arrest.
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 Rovinski Renter v. City of San Bernardino, et al.,United States District Court Case
No.CV 11-07222 GAF(CWx).
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
Rovinski Renter v. City of San Bernardino, et al.,United States District Court Case No.CV 11-07222
Updated: 11/3/2011 by Mayra Ochiqui
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1370
GAF(CWx)."
City Attorney Review:
Rdl
Supportina Documents:
Reso for LBBS re Renter (PDF)
Renter.PSA (PDF)
Updated: 11/3/2011 by Mayra Ochiqui
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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 BETWEEN LEWIS,BRISBOIS,BISGAARD & SMITH
4 AND THE CITY OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CASE
OF ROVINKSI RENTER V. CITY OF SAN BERNARDINO,ET AL., UNITED STATES
5 DISTRICT COURT CASE NO. CV 11-07222 GAF (CWX).
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE w
CITY OF SAN BERNARDINO AS FOLLOWS: v
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9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City a Professional Services Agreement between Lewis, �
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11 Brisbois, Bisgaard& Smith and the City of San Bernardino for legal services in the case of m
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Rovinksi Renter v. City of San Bernardino, et al., United States District Court Case No. CV at
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14 11-07222 GAF (CWx), a copy of which is attached hereto and incorporated herein as Exhibit c
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16 SECTION 2. The authorization granted by this Resolution shall expire and be void
17 and of no further effect if the agreement is not executed by both parties and returned to the co
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Office of the City Clerk within sixty(60) days following the effective date of this Resolution. a
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 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 ROVINKSI RENTER V. CITY OF SAN BERNARDINO,ET AL.,UNITED STATES
4 DISTRICT COURT CASE NO. CV 11-07222 GAF (CWX).
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2011, by the following vote, to wit: v
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ Cr
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11 JENKINS m
12 BRINKER 3
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13 Na
SHORETT
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KELLEY
15 L
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16 JOHNSON
17 MCCAMMACK
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19 Rachel G. Clark, CMC, City Clerk ,°�
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The foregoing resolution is hereby approved this day of , 2011.
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23 Patrick J. Morris, Mayor Q
24 City of San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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1 PROFESSIONAL SERVICES AGREEMENT
2 ROVINKSI RENTER Y. CITY OF SAN BERNARDINO,ET AL., United States District
Court Case No. CV 11-07222 GAF (CWx).
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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 Rovinksi Renter v. City
7 ofSan Bernardino, et al.,United States District Court Case No. CV 11-07222 GAF(CWx).: CITY
8 OF SAN BERNARDINO and any other designated officer or employee of the CITY who may later w
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9 be named. LBBS shall not represent any client in any type of claim against the CITY without prior >
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10 written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's
11 Office.
12 3. LBBS shall be paid at the hourly rates set forth below: m
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13 Attorneys - $145.00 per hour; and, w
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14 Law Clerks/Paralegals - $70.00 per hour. a
15 The amounts expended under this agreement for attorney fees shall not exceed °
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16 $25,000 without further approval of the Mayor and Common Council. a
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17 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of
18 each succeeding month.
19 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, d
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20 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 0
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21 LBBS may include a single charge in an amount not to exceed four percent(4%)of attorney fees in a
22 lieu of reimbursement for photocopying, telephone charges, and postage.
23 6. If attorney fees are charged"portal to portal" (e.g., from office to court and return),
24 then LBBS shall not be entitled to reimbursement for mileage and parking fees.
25 7. LBBS shall obtain approval from the CITY to retain expert witnesses, consultants,
26 and other professionals(not including court reporters) for purposes of the litigation. LBBS may, if
27 it chooses,pay the fees and charges of such consultants and seek reimbursement from the CITY on
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I its periodic statement, or it may forward the consultant's bill to the CITY with a request that the
2 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
3 CITY'S Finance Department.
4 8. Status reports will be submitted to the CITY through the City Attorney's Office
5 whenever any significant event occurs,and in any event at least quarterly. Information sufficient to
6 set reserves,including,without limitation,potential liability exposure and percentage of fault,shall
7 be included. LBBS shall comply with all reporting requirements of BICEP, if applicable.
8 9. The City Attorney shall be named as co-counsel in the case and on all pleadings filed
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9 in the case. >
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10 10. Copies of all opinions,pleadings,discovery and motions shall be provided to the City
1 I Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
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12 or other litigation. m
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13 11. Copies of any correspondence and other documents sent to any of the parties in this
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14 action shall also be provided to the CITY through the City Attorney's Office. a
15 12. Any and all settlements shall require CITY approval. Request for settlement authority °
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16 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. Q
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17 13. In the event the settlement value of this case appears to exceed$50,000.00 the City a
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18 Attorney's Office shall be notified immediately.
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19 14. Only Arthur K.Cunningham of Lewis,Brisbois,Bisgaard&Smith or another senior 5
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20 attorney approved by the City shall conduct the trial of this case.
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21 15. No client development costs are to be included in billings. Q
22 16. No continuing education expenses are to be included in billings.
23 17. Final billing shall be accompanied by copies of the Request for Dismissal,
24 Satisfaction of Judgment, Release and any other final documents.
25 18. Either party may terminate this Agreement at will. LBBS will continue to represent
26 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
27 another attorney.
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1 19. LBBS is an independent contractor as to the CITY.
2 20. LBBS shall maintain the following types of insurance with limits as shown:
3 a) Workers Compensation as required by the laws of the State of California,
4 including Employment Liability with$250,000 limits covering all persons providing
5 service on behalf of LBBS and all risks to such persons under this Agreement. LBBS
6 shall require its Workers Compensation carrier to waive all rights of subrogation
7 against the CITY and its officers and employees and any others for whom services
8 are being provided under this Agreement.
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9 b) Comprehensive General and Automobile Liability Insurance coverage to include >
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10 contractual coverage and automobile coverage for owned, hired and non-owned
11 vehicles. The policy shall have at least a combined single limit of$1,000,000 for
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12 bodily injury and property damage. m
13 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. In lieu ,r-
14 of naming the CITY as an additional insured,the policy may be endorsed as follows: a
15 "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
16 CITY OF SAN BERNARDINO for legal services, provided such a
liability results from an error, omission or negligent act of the W
17 insured, its officers, employees, agents, or subcontractors. All other
18 provisions of this policy are to remain unchanged."
LBBS shall furnish certificates of insurance and certified copies of all policies and
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20 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior U
to the commencement of performance of services hereunder, which certificates shall provide that a
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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 LBBS commences performance
of services hereunder until the completion of such services.
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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 employees, agents, volunteers and officers as additional named insureds with respect to liabilities
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I arising out of the performance of services hereunder.
2 All policies required above are to be primary and non-contributing with any insurance
3 policies or self-insurance programs carried or administered by the CITY or other parties represented
4 under this Agreement.
5 21. All communications and billings to the CITY are to be directed as follows:
6 City Attorney's Office
CITY OF SAN BERNARDINO
7 300 North"D" Street
San Bernardino, CA 92418
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9 Dated: , 2011 LEWIS, BRISBOIS, BISGAARD & SMITH >
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12 By: Arthur K. Cunningham m
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14 Dated: 32011 CITY OF SAN BERNARDINO ai
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By: Patrick J. Morris, Mayor co
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20 Approved as to form:
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JAMES F. PENMAN,
22 City Attorney
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By:
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