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HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: CITY ATTORNEY Subject: Professional Services Agreement between the City of San Bernardino and the law firm of Lewis, Brisbois, Bisgaard & Smith to represent the City of San Bernardino in the case of Michelle P. Arroyo v. City of San Bernardino, et at. From: JAMES F. PENMAN City Attorney Date: January 8, 2003 (- V" "t ; \> , , .'- Synopsis of Previous Council Action: Mayor and Council approved the hiring of Lewis, Brisbois, Bisgaard & Smith to represent the City in the subject court action. Recommended motion: Adopt Resolution. Contact person: James F. Penman . t~_ -I ---~ 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: '12 F"SC":U ZCO?,-\ (., Agenda Item NO.--.fl J/JJ!IJJ STAFF REPORT Council Meeting Date: .Januarv 21. 2003 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: January 8, 2003 AGENDA ITEM: Professional Services Agreement between the City of San Bernardino and the law firm of Lewis, Brisbois, Bisgaard & Smith to represent the City of San Bernardino in the case of Michelle P. Arroyo v. City of San Bernardino, et al. The Mayor and Common Council approved the law firm of Lewis, Brisbois, Bisgaard & Smith to represent the City in the above-referenced court action. 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 Lewis, Brisbois, Bisgaard & Smith to represent the City in the case of Michelle P. Arroyo v. City of San Bernardino. et aI. RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 3 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF MICHELLE P. ARROYO v. CITY 4 OF SAN BERNARDINO, et al. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of said City a Professional Services Agreement between Lewis. Brisbois. 9 Bisgaard & Smith and the City of San Bernardino for legal services, a copy of which is attached 10 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 11 length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no 13 further effect if the agreement is not executed by both parties and returned to the office of City 14 Clerk within sixty (60) days following effective date of the resolution. 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III RLS/js [ARROYO. RES] 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 2 AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF MICHELLE P. ARROYO v. CITY 3 OF SAN BERNARDINO, et al. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and meeting thereof. 5 Common Council of the City of San Bernardino at a 6 held on the day of 7 COUNCIL MEMBERS: AYES 8 ESTRADA - 9 LONGVILLE 10 MCGINNIS 11 DERRY 12 SUAREZ 13 ANDERSON 14 MCCAMMACK IS 16 17 18 19 , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of .2003. 20 21 22 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney 25 261 By: ~..........J 27 // / / 28 i / '_/ RLS/js [ARROYO.RES] /1 i - '- :~-")-"'"V <04___ 2 1 PROFESSIONAL SERVICES AGREEMENT MICHELLE P. ARROYO v. CITY OF SAN BERNARDINO, et al. United States District Court Case No. CV 02-1587ABC (SHSx) 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of LEWIS. BRISBOIS, BISGAARD & SMITH (hereinafter "LBB&S") are the parties to this 2 3 4 5 Agreement. 6 2. LBB&S will be representing the following entities and persons in this litigation: 7 CITY OF SAN BERNARDINO. LBB&S shall not represent any client in any type of claim against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 3. LBB&S shall be paid at the hourly rates set forth below: Attorneys - $125.00 per hour; and, Law ClerkslParalegals - $50.00 per hour. 8 9 10 11 12 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. 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. 17 18 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 19 20 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 21 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees. 7. LBB&S shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. LBB&S may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 22 23 24 25 26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 27 Finance Department. 28 RLS/jS [ARROYO.AGR] 1 1 8. Status reports will be submitted to CITY through the City Attorney's Office 2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 3 to set reserves, including, without limitation, potential liability exposure and percentage of fault 4 shall be included. 5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 7 in this, or other litigation. 8 10. Copies of any correspondence and other documents sent to any of the defendants 9 in 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 11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 12 approvals. 13 12. In the event the settlement value of the case appears to exceed $50,000, the City 14 Attorney's Office shall be notified immediately. 15 13. Only Joseph Arias of LEWIS, BRISBOIS, BISGAARD & SMITH or other senior 16 attorney approved by the CITY shall try this case. 17 14. No client development costs are to be included in billings. 18 15. No continuing education expenses are to be included in billings. 19 16. Final billing shall be accompanied by copies of the Request for Dismissal, 20 Satisfaction of Judgment, Release and any other final documents. 21 17. Either party may terminate this contract at will. LBB&S will continue to represent 22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 23 another attorney. 24 18. LBB&S is an independent contractor as to the CITY. 25 19. LBB&S shall maintain the following types of insurance with limits as shown: 26 a) Workers Compensation as required by the laws of the State of 27 California, including Employment Liability with $250,000 limits covering all 28 persons providing service on behalf of LBB&S and all risks to such persons RLSljs [ARROYO.AGR] 2 1 under this Agreement. LBB&S shaJl require its Warkers Campensatian carrier 2 to. waive aJl rights af subrogatian against the CITY and its afficers and 3 emplayees and any athers for wham services are being provided under this 4 Agreement. 5 b) Camprehensive General and Autamabile Liability Insurance 6 caverage to. include cantractual caverage and autamabile caverage far awned, 7 hired and nan-awned vehicles. The palicy shall have at least a cambined single 8 limit af $1 ,000,000 far badily injury and property damage. 9 c) Prafessianal Liability Insurance with limits af at least $1 ,000,000 10 per claim. In lieu af naming the CITY as an additianal insured, the palicy may 11 be endarsed as fallaws: 12 "Insurance caverage afforded by this palicy shall also. apply to. the liability assumed by the Insured under the Agreement with the CITY OF SAN 13 BERNARDINO far legal defense services, provided such liability results from an errar, amissian or negligent act af the insured, its afficers, emplayees, agents 14 ar subcantractars. All ather provisians af this palicy are to. remain unchanged." 15 LBB&S shall furnish certificates af insurance and certified capies af all palicies 16 and endarsements to. the City Attarney's Office evidencing the insurance caverage abave required 17 priar to. the cammencement af perfarmance af services hereunder, which certificates shall provide 18 that such insurance shall nat be terminated ar expire withaut thirty (30) days written natice to. the 19 City Attarney's Office, and shall maintain such insurance from the time LBB&S cammences 20 perfarmance af services hereunder until the campletian af such services. 21 All palicies, with respect to. the insurance caverage abave required, except far the 22 Warkers Campensatian insurance caverage and professianalliability caverage, if applicable, shall 23 abtain additianal endarsements naming the CITY and all parties represented under this Agreement, 24 their emplayees, agents, valunteers and afficers as additianal named insured with respect to. 25 liabilities arising aut af the perfarmance af services hereunder. 26 All palicies required abave are to. be primary and nan-cantributing with any 27 Insurance ar self-insurance programs carried ar administered by the CITY ar ather parties 28 represented under this Agreement. RLS/js [ARROYOAGRJ 3 10 11 12 13 14 15 16 17 1 20. All communications and billings to the CITY are to be directed as follows: 2 3 4 DATED: ,2003 5 6 7 8 9 DATED: ,2003 18 19 2 0 Approved as to form and legal content: 21 JAMES F. PENMAN, 22 City Attorney 23 ., .'/ ., By i -'1,_, J,.f" :'-',,,_ :,J-.,- _n._~ // I / , 24 25 26 j" 27 28 RLSljs [ARROYOAGRJ City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 LEWIS, BRISBOIS, BISGAARD & SMITH By: Joseph Arias CITY OF SAN BERNARDINO By: Judith Valles, Mayor 4 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information'Management (RIM) Program DATE: January 28,2003 TO: Edna DiVellis, Operations Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-16 At the Mayor and Common Council meeting of January 21, 2003, the City of San Bernardino adopted Resolution 2003-16 - Resolution authorizing the execution of a professional services agreement between Lewis, Brisbois, Bisgaard & Smith and the City to represent the City in the case of Michelle P. Arroyo v. City of San Bernardino, et al. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return one original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by March 24, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed:~ o/.D i V ~uu.. L7 ~'-'- ;4Lrv-U.u.A-IJ~ , l / / Please sign and return Date: I:z. 0; c'." CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 25,2003 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-16 - Agreement with Lewis, Brisbois, Bisgaard & Smith CC: Attached is a fully executed copy of the professional services agreement with Lewis, Brisbois, Bisgaard & Smith to represent the City in the case of Michelle P. Arroyo v. City of San Bernardino, et al. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ex!. 3206. ... . , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): )-21-0?, Item# 9 kr Resolution # Abstain .0-- '2tD3- llr Absent -G- Vote: Ayes I- ') Nays Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoidAfter: 100 0{>'1::' /3-.,)4-03 , By: - /-Ii) Date Sent to ~r: \. Z?'(lJ J ,_ _") Reso. Log Updated: ,/ Seal Impressed: ,/ Date of Mayor's Signature: \ . 2 '1.~, 3 Date of Clerk/CDC Signature: ! )1' () '2~ Date Memo/Letter Sent for Signature: 1- ,)-~-c ''':, 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: L. Date Returned: ') -,? 5 - ()'~. See Attached: See Attached: 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): Yes ./ No By , Yes No ...L- By Yes No ~ By Yes No / By Yes No/ By Copies Distributed to: City Attorney V Parks & Rec. Code Compliance Dev. Services EDA Finance ' ./ Police Public Services Water Others: MIS Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: nr-r Date: ;) - -:J'j' () 3 Revised 01112/01