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Home My WebLink About34- City Attorney CITY OF* SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Huston T. Carlyle, Jr. Subject: Resolution of the Mayor and Common Council . . . Authorizing the Execution of an Agreement For Dept: CITY ATTORNEY Legal Services Between the City of San Bernardino R/ and the Law Firm of Lewis D'Amato Brisbois & Date: May 22, 1996 Bisgaard Synopsis of Previous Council action: On May 6, 1996, in closed session, the Council authorized retention of the firm of Lewis, D'Amato, Brisbois & Bisgaard to defend the City of San Bernardino, D. Keil and G. Napier in an action entitled John Lee Bell v. D. Keil, G. Napier, City of San Bernardino, et al . and the execution of an Agreement for Legal Services between the City of San Bernardino and the above mentioned law firm. Recommended motion: MAY 23'-`6 H 191-0-6 Adopt resolution. Signatu e Huston T . Carlyle, Jr. j F, Contact person: Huston T . Carlyle, Jr. Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. _ PROFESSIONAL SERVICES AGREEMENT 1 . The CITY OF SAN BERNARDINO (hereinafter "CITY" ) and the law firm of LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B" ) are the parties to this Agreement . 2 . LDB&B will be representing Defendants, CITY OF SAN BERNARDINO, D. KEIL and G. NAPIER in an action entitled John Lee Bell v D Keil G Napier City of San Bernardino et al, United States District Court, Case No. CV 95-4231 WDK (JGx) . 3 . LDB&B shall be paid for all work on said case by the CITY OF SAN BERNARDINO at the hourly rates set forth below: Partners - $115 . 00 per hour; Associates - $105 . 00 per hour; Law Clerks/Paralegals - $65 . 00 per hour. 4 . Bills shall be submitted to the City Attorney' s Office on a quarterly basis unless the amount exceeds $3 , 000 . 00 in a given month and in that event the bills shall be submitted monthly. 5 . The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for reimbursement . 6 . If attorney' s fees are charged "portal to portal" (e.g. , from office to court and return) , then LDB&B shall not be entitled HTC:ms(LDB&B.Agr] 1 to reimbursement for mileage and parking fees . 7 . LDB&B shall obtain approval from the City Attorney' s Office to retain expert consultants and other professionals (not including court reporters) for purposes of representing said defendants in said proceedings . LDB&B may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY through the City Attorney' s Office on its periodic statement . 8 . Status reports will be submitted to CITY through the City Attorney' s Office whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set resgrves, including, without limitation, potential liability exposure and percentage of fault shall be included. 9 . Copies of all opinions, pleadings, discovery and motions shall be provided to the City Attorney' s Office . 10 . Copies of any correspondence and other documents sent to any of the parties in said proceedings involving CITY shall also be provided to the CITY through the City Attorney' s Office. 11 . Only Kenneth T. Kreeble of LDB&B or partner, George Boland, shall defend CITY in said action. 12 . No client development costs are to be included in billings . 13 . No continuing education expenses are to be included in HTC:ms[LDB&B.Agr] 2 billings . 14 . Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release and any other appropriate final documents . 15 . Either CITY or LDB&B may terminate this contract at will . LDB&B will continue to represent said defendants on the terms and conditions in this Agreement until the case and file are transferred to another attorney. 16 . LDB&B is an independent contractor as to the CITY. 17 . LDB&B shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired 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 : HTC:ms[LDB&B.Agr] 3 "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 defense 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. " LDB&B 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 qot 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 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 insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non- HTC:ms[LDB&B.Agr] 4 contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement . 18 . All communications and billings to the CITY are to be directed as follows : City Attorney' s Office CITY OF SAN BERNARDINO 300 North "D" Street, Room 668 San Bernardino, CA 92418 DATED: May 10 1996 LEWIS, D'AMATO, BRISBOIS & BISGAARD By: Kenneth T. Kreeble DATED: 1996 CITY OF SAN BERNARDINO By: Tom Minor, Mayor Approved as to Form and Legal Content James F . Penman City Attorney By: HTC:ms[LDB&B.Agr] 5 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT Addendum to Item No. 11 would include attorneys in the firm who may defend the City of San Bernardino to include Nancy Zeltzer, a partner,Karen A Feld, associate, for research, pleadings, law and motion and discovery, and other attorneys to be approved by the City, in connection with appearances on non-critical matters in the Los Angeles area. DATED: May 10 , 1996. LEWIS, D'AMATO, BRISBOIS & BISGAARD BY: .�� KENNETH T. KREEBLE DATED: 51996. CITY OF SAN BERNARDINO BY: TOM MINOR, Mayor Approved as to Form and Legal Content James F. Penman City Attorney B e PROFESSIONAL SERVICES AGREEMENT 1 . The CITY OF SAN BERNARDINO (hereinafter "CITY" ) and the law firm of LEWIS, D 'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B" ) are the parties to this Agreement . 2 . LDB&B will be representing Defendants, CITY OF SAN BERNARDINO, D. KEIL and G. NAPIER in an action entitled John Lee Bell v D Keil G Napier City of San Bernar ; no et al, United States District Court, Case No. CV 95-4231 WDK (JGx) . 3 . LDB&B shall be paid for all work on said case by the CITY OF SAN BERNARDINO at the hourly rates set forth below: Partners - $115 . 00 per hour; Associates - $105 . 00 per hour; Law Clerks/Paralegals - $65 . 00 per hour. 4 . Bills shall be submitted to the City Attorney' s Office on a quarterly basis unless the amount exceeds $3 , 000 . 00 in a given month and in that event the bills shall be submitted monthly. The total payments for attorney' s fees and costs shall not exceed $20, 000 without the prior approval of the CITY. 5 . The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for reimbursement . HTC:ms(LDB&B.Agr] 1 �� 6 . If attorney' s fees are charged "portal to portal" (e.g. , from office to court and return) , then LDB&B shall not be entitled to reimbursement for mileage and parking fees . 7 . LDB&B shall obtain approval from the City Attorney' s Office to retain expert consultants and other professionals (not including court reporters) for purposes of representing said defendants in said proceedings . LDB&B may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY through the City Attorney' s Office on its periodic statement . 8 . Status reports will be submitted to 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. 9 . Copies of all opinions, pleadings, discovery and motions shall be provided to the City Attorney' s Office. 10 . Copies of any correspondence and other documents sent to any of the parties in said proceedings involving CITY shall also be provided to the CITY through the City Attorney' s Office . 11 . Kenneth T. Kreeble of LDB&B, and/or partner George Boland shall defend CITY in said action. Karen A. Feld, Associate, and other attorneys to be approved by CITY, shall do research, HTC:ms[LDB&B.Agr) 2 pleadings, law and motion and discovery and make appearances on non-critical matters in the Los Angeles area. 12 . No client development costs are to be included in billings . 13 . No continuing education expenses are to be included in billings . 14 . Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release and any other appropriate final documents . 15 . Either CITY or LDB&B may terminate this contract at will . LDB&B will continue to represent said defendants on the terms and conditions in this Agreement until the case and file are transferred to another attorney. 16 . LDB&B is an independent contractor as to the CITY. 17 . LDB&B shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non-owned vehicles . The policy shall have at least a combined single limit of $1, 000, 000 for bodily HTC:ms[LDB&B.Agr] 3 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 defense 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. " LDB&B 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 LDB&B 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 HTC:ms[LDB&B.Agr] 4 obtain additional endorsements naming the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured 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 or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement . 18 . All communications and billings to the CITY are to be directed as follows : City Attorney' s Office CITY OF SAN BERNARDINO 300 North "D" Street, Room 668 San Bernardino, CA 92418 DATED: 1996 LEWIS, D'AMATO, BRISBOIS & BISGAARD By: Kenneth T. Kreeble DATED: 1996 CITY OF SAN BERNARDINO By: Tom Minor, Mayor Approved as to Form and Legal Content : James F. Penman City Attorney By: --)� &I, HTC: CLDB&B.Agr] 5 Record at �o evCms Mtg: nY re Agemi, item -3 City ClerkICDC Secy City of San Bernardino /h