HomeMy WebLinkAbout09-City Attorney
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0RI6INAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject: Professional Services Agreement between the City of Sar
Bernardino and the law firm of Brunick, Battersby, McElhaney &
Beckett to represent Salvador Jimenez in the case of KlRANJEET
K. UPPAL v. CITY OF SAN BERNARDINO; SALVADOR
JIMENEZ; BRIAN DENNIS GREEN; and DOES 1-20, Inclusive.
Dept: City Attorney
Date: March 1,2005
Synopsis of Previous Council action:
Council approved the hiring of outside counsel to represent Salvador Jimenez in the subject court action.
Recommended motion:
Adopt Resolution.
L~.~
~ature
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes: ~.~~DOS-SS"
75-0262
Agenda Item No. 9
3/7/D5
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STAFF REPORT
Council Meeting Date: March 7, 2005
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: March 1, 2005
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Brunick, Battersby, McElhaney and Beckett to
represent Salvador Jimenez in the case of KlRANJEET K.UPPAL v.
CITY OF SAN BERNARDINO; SALVADOR JIMENEZ; BRIAN
DENNIS GREEN; Does 1-20, inclusive.
The Mayor and Common Council approved hiring the law firm of Brunick, Battersby,
McElhaney and Beckett to represent Salvador Jimenez in the above-referenced court action.
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 floor motion be adopted so that the Mayor is
authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino.
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RESOLUTION NO.
RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN BRUNICK, BATTERSBY, MCELHANEY, & BECKETT AND
THE CITY OF SAN BERNARDINO TO REPRESENT SALV ADOR JIMENEZ IN THE CASE
OF KlRANJEET K. UPPAL v. CITY OF SAN BERNARDINO; SALVADOR JIMENEZ; BRIAN
DENNIS GREEN; Does 1-20, inclusive.
BE II 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 Brunick, Battersby,
McElhaney, & Beckett and the City of San Bernardino forlegal 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 the effective date of the resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN BRUNICK, BATTERSBY, MCELHANEY, & BECKETT AND
THE CITY OF SAN BERNARDINO TO REPRESENT SALV ADOR JIMENEZ IN THE CASE
3 OF KIRANJEET K. UPPAL v. CITY OF SAN BERNARDINO; SALVADOR JIMENEZ; BRIAN
DENNIS GREEN; Does 1-20, inclusive.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
meeting thereof, held on the _day
of
, 2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of , 2005
JUDITH V ALLES,
Mayor City of San Bernardino
24 Approved as to form
and legal content:
25
JAMES F. PENMAN
26 City Attorney
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PROFESSIONAL SERVICES AGREEMENT
KIRANJEET K. UPPAL v. CITY OF SAN BERNARDINO.
SALVADOR JIMENEZ; BRIAN DENNIS GREEN; Does 1 to 20
SCVSS 121867
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
BRUNICK, BATTERSBY, MCELHANEY & BECKETT (hereinafter "BBM&B") are the parties
6 to this Agreement.
7
2.
BBM&B will be representing the following entities and persons in this litigation:
8 SALVADOR JIMENEZ. BBM&B shall not represent any client in any type of claim against the
9 CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the
10 City Attorney's Office.
3. BBM&B shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$25,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
BBM&B may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
of reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
then BBM&B shall not be entitled to reimbursement for mileage and parking fees.
7. BBM&B shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. BBM&B may,
if it chooses, pay the fees and charges of such consultants and seek reimbursement form CITY on
its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
Finance Department.
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8. Status reports will be submitted to CITY through the CityAttorney'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
4 included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
6 Attorney's Office which may reproduce same ai1d provide copies to other parties or attorneys in this,
7 or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants in
9 this action shall also be provided to the CITY through the City Attorney's Office.
10 11. Any and all settlements shall require CITY approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
13 Attorney's Office shall be notified immediately.
13. Only Raymond Dolen of BRUNICK, BATTERSBY, McELHANEY & BECKETT
or other senior attorney approved by the City shall try this case.
14. No client development costs are to be included in billings.
15. No continuing education expenses are to be included in billings.
16. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. BBM&B will continue to represent
the SALVADOR JIMENEZ on the terms and conditions in this Agreement until the case and file
22 are transferred to another attorney.
BBM&B is an independent contractor as to the CITY.
BBM&B 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 $250,000 limits covering all persons providing
service on behalf of BBM&B and all risks to such persons under this Agreement.
BBM&B shall require its Workers Compensation carrier to waive all rights of
23 18.
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subrogation against the CITY and its officers and employees and any others for
whom services are being provided under this Agreement.
b) Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles. The policy shall have at least a combined single limit of$I,OOO,OOO
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
fonows:
"Insurance coverage afforded by this policy shan 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. An other
provisions of this policy are to remain unchanged."
BBM&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 shan provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the City
Attorney's Office, and shan maintain such insurance from the time BBM&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, shan
obtain additional endorsements 1!~ing the CITY::.and an 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.
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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 either parties represented under this
Agreement.
20. All communications and billings to the CITY are to be directed as follows:
. City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
7
8 Dated:
9
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13 Dated:
,2005 BRUNICK, BATTERSBY, McELHANEY & BECKETT
By: Raymond Dolen
,2005
CITY OF SAN BERNARDINO
--
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M<eting 0.'" (Oat',' 3, 1,0<; ltom .
Vote: Ayes Nays
Change to motion to amend original documents 0
q
Resolution #
-
)tJ05 -5~
Absent
Abstain
Companion Resolutions
NullNoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
o
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Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reniinder Letter Sent:
Not Returned: 0
Request forCouncil 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):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 fuformation Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 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: _ Date:
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 10, 2005
TO:
James Penman, City Attorney
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-55
At the Mayor and Common Council meeting of March 7, 2005, the City of San Bernardino
adopted Resolution No. 2005-55 - Resolution authorizing the execution of a Professional
Services Agreement between Brunick, Battersby, McElhaney & Beckett and the City of San
Bernardino to represent salvador Jimenez in the case of Kiranjeet K. Uppal v. City of San
Bernardino; Salvador Jimenez; Brian Dennis Green; Does 1-20, inclusive.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return 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 nuD and void if not executed
within sixty (60) days, or by July 1, 2005.
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.
Signed: 1-. iJ.rv~
Date: 3/ tt~ I tJ S'
Please sign and return