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HomeMy WebLinkAbout10-City Attorney ORiGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Dept: CITY ATTORNEY Subject: Professional Services Agreement between the City of San Bernardino and the law firm of Best, Best & Krieger to represent the City of San Bernardino in the case of Ronald Van Rossum v. City of San Bernardino- State Office of Administrative Hearing File No. L2005- 0229 Date: April 28, 2005 Synopsis of Previous Council Action: Mayor and Council approved the hiring of Arlene Prater, Best, Best & Krieger Reconunended motion: Adopt Resolution. l-7'~ ~ature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: ~. ~COS-.if H Agenda Item No.--10 5j:L/{)~ STAFF REPORT Council Meeting Date: Mav 2. 2005 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: April 27, 2005 AGENDA ITEM: Professional Services Agreement between the City of San Bernardino and the law firm of Best, Best & Krieger to represent the City of San Bernardino in the case of Ronald Van Rossum v. City of San Bernardino, State Office of Administrative Hearing File No. L2005-0229 The Mayor and Common Council approved the law firm of Best, Best & Krieger to represent the City in the case for disability retirement filed by Mr. Van Rossum. Attached hereto is the Professional Services Agreement which reflects such approval, including a ceiling of $20,000 on attorney fees 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. 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 Best, Best & Krieger to represent the City in the case for disability retirement filed by Ronald Van Rossum v. City of San Bernardino. 1 RESOLUTION NO. Co) IPlf 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 3 SERVICES AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF RONALD VAN 4 ROSSUM v. CITY OF SAN BERNARDINO, State Office of Administrative Hearing File No. L2005-0229. 5 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit" A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of City Clerk within sixty (60) days following effective date of the resolution. 11 12 13 14 1// 15 1// 16 1// 17 1// 18 1// 19 1// 20 1// 21 1// 22 1// 23 1// 24 1// 25 1// 26 1// 27 1// 28 RLS/js [Van Rossum2.Res] 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE 3 OF RONALD VAN ROSSUM v. CITY OF SAN BERNARDINO, State Office of Administrative Hearing File No. L2005-0229. 4 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 8 COUNCIL MEMBERS: AYES 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 19 , 2005, by the following vote, to wit: NA YS ABSTAIN ABSENT CITY CLERK 20 21 22 23 Approved as to form and 24 legal content: 25 JAMES F. PENMAN City Attorney 26 27 28 RLS/js [Van Rossum2.Res] 2 The foregoing Resolution is hereby approved this day of ,2005. JUDITH V ALLES, Mayor City of San Bernardino 2 3 4 PROFESSIONAL SERVICES AGREEMENT RONALD VAN ROSSUM v. CITY OF SAN BERNARDINO, et al. State Office of Administrative Hearing File No. L2005-02-0229 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of BEST, 5 BEST & KRIEGER (hereinafter "BB&K") are the parties to this Agreement. 6 2. BB&K will be representing the following entities and persons handling the claim for 7 disability retirement: CITY OF SAN BERNARDINO. BB&K shall not represent any client in any 8 type of claim against the CITY without prior written approval to do so from the CITY OF SAN 9 BERNARDINO through the City Attorney's Office. 10 3. BB&K shall be paid at the hourly rates set forth below: II Attorneys - $190.00 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 16 4. 5. Bills shall be submitted at least quarterly. 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 BB&K may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of 19 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 return), 21 then BB&K shall not be entitled to reimbursement for mileage and parking fees. 22 7. BB&K shall obtain approval from the CITY to retain expert consultants and other 23 professionals (not including court reporters) for purposes of defending the litigation. BB&K 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 whenever RLS/js [Van Rossum.PrfSvcs.Agreement] I Exhibit "A" 1 any significant event occurs, and in any event at least quarterly. Information sufficient to set 2 reserves, including, without limitation, potential liability exposure and percentage of fault shall be 3 included. 4 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City 5 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this, 6 or other litigation. 7 10. Copies of any correspondence and other documents sent to any of the defendants in 9 8 this action shall also be provided to the CITY through the City Attorney's Office. Any and all settlements shall require CITY approval. Request for settlement authority 11. II 10 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 12. In the event the settlement value of this case appears to exceed $50,000.00 the City 13 13. 12 Attorney's Office shall be notified immediately. Only Arlene Prater of BEST, BEST & KRIEGER or other senior attorney approved 14 by the City shall try this case. 15 16 17 14. 15. 16. No client development costs are to be included in billings. No continuing education expenses are to be included in billings. Final billing shall be accompanied by copies of the Request for Dismissal, 19 17. 18 Satisfaction of Judgment, Release and any other final documents. Either party may terminate this contract at will. BB&K will continue to represent the 20 CITY on the terms and conditions in this Agreement until the case and file are transferred to another 21 attorney. 22 23 24 25 26 27 28 18. 19. a) BB&K is an independent contractor as to the CITY. BB&K shall maintain the following types of insurance with limits as shown: Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf ofBB&K and all risks to such persons under this Agreement. BB&K shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being RLS/js [Van Rossum.PrfSvcs.Agreement} 2 Exhibit "A" I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 provided under this Agreement. 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: "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." BB&K 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 BB&K 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-contributing with any insurance or self- insurance programs carried or administered by the CITY or other parties represented under this 25 Agreement. 26 /11 27 /11 28 RLS/js [Van Rossum.PrfSvcs.Agreement] 3 Exhibit "A" 1 20. 2 3 4 5 Dated: 6 7 8 9 10 Dated: 11 12 13 14 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 San Bernardino, CA 92418 ,2005 BEST, BEST & KRIEGER By: Arlene Prater ,2005 CITY OF SAN BERNARDINO By: Judith Valles, Mayor 15 16 Approved as to form and legal content: 17 18 JAMES F. PENMAN, City Attorney 19 20 By: 21 22 23 24 25 26 27 28 RLS/js [Van Rossum.PrfSvcs.Agreement] 4 Exhibit flAil ), ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** . RESOLUTION AGENDA ITEM TRACKING FORM M""'g Do. (D.. A~), 1 J/nl I.m' (V ,"="tioo' Jo""" '1 g Vote: Ayes 1 Nays Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NulVVoidAfter: 1tLdays/ fr,b Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signatote: Date ofClerklCDC Signature: Reso. Log Updated: Seal Impressed: r{. V Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: ~?7l~ 2nd Reminder Letter Sent: Date Returned: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): // No By_ No /". By _ No /" By No /By= No / By_ Yes Yes Yes Yes Yes Copies Distributed to: r- Animal Control 0 EDA 0 Information Services 0 City Administrator ~ Facilities o . Parks & Recreation 0 ~ City Attorney Finance Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: , Ready to File: J ./ Date:~)) y 'Or; Revised 12/18/03 . ) . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 20, 2005 TO: James Penman, City Attorney FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-98 At the Mayor and Common Council meeting of May 2, 2005, the City of San Bernardino adopted Resolution No. 2005-98 - Resolution authorizing the execution of a Professional Service Agreement between Best, Best & Krieger and the City of San Bernardino to represent the City in the case of Ronald Van Rossum v. City of San Bernardino, State Office of Administrative Hearing File No. 1.2005-0229. Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain signatures in the appropriate location and retum the ORIGINAL agreement to the City Clerk's Office to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within 60 days from the date of adoption. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Si-', ~ ~ ,-=- Please sign and return Date: 2.: TO: FROM: DATE: RE: s"JU"",v!.,'),. ~t...r~it~ j-.~'::;::"," '/.:~~~';:: ~r'''''::''~.j~~'1~ ,~,,...~. "~"..'.iJ r , '" ',. ~~~-.,--..' ~,'.f~JI{i~~~ ~~>I';-~--';...-a\, G./'iMI~ INTER OFFICE MEMORANOUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO Eileen Gomez, City Clerk's Office Robert L. Simmons, Sr. Assistant City Attorney July 7,2005 Ronald Van Rossum v. City of San Bernardino Attached is a fully executed Professional Services Agreement in the above-referenced matter. Attachment ~;t) Robert L. Simmons Sr. Assistant City Attorney RI ~~/i!\: rVan Ro!\:,,"m.(;lerkMeml