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HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney C<.;'~ .., 'L Subject: Professional Service 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 Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Officers Ernesto Antillon, Mike Golubic, Sgt. Schwenka, Bustamante, Quiroz and Lee Dean, Chief of Police Dept: City Attorney Date: February 6,2003 Synopsis of Previous Council action: Mayor and Council approved the hiring of Lewis, Brisbois, Bisgaard & Smith to represent the City and its police employees in the subject court action. Recommended motion: Adopt Resolution. ~?/i.-, U ature Contact person: James F. Penman Phone: 5355 Supporting data attached: Staff ReDort Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: '2c..() ~ 2.cc({~j - "H Agenda Item No.3 75-0262 J.. /J 1//)3 STAFF REPORT Council Meeting Date: February 18, 2003 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney February 6, 2003 Professional Service Agreement between the City of San Bernardino and the law firm of Lewis, Brisbois, Bisgaard & Smith to represent the Oty of San Bernardino and its police employees in the case of Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Officers Ernest Antillon, Mike Golubic, Sgt. Schwenka, Bustamante, Quiroz, and Lee Dean, Chief of Police. 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 $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. 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 and its police employees in the case of Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Officers Ernest Antillon. Mike Go/ubic, Sgt. Schwenka, Bustamante, Quiroz, and Lee Dean, Chief of Police. 5MB/cj[MoOTcStfRpt] RESOLUTION' NO. 2 RESOLUTION OFTHE MA YORAND 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 AND ITS POLICE EMPLOYEES IN THE 4 CASE OF ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO; SAN BERNARDINO POLICE OFFICERS ERNESTO ANTILL ON, MIKE GOLUBIC, SGT. SCHWENKA, 5 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to 9 execute on behalf of said City a Professional Services Agreement between Lewis, Brisbois, Bisgaard 10 & Smith and the City of San Bernardino for legal services, a copy of which is attached hereto marked 11 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no further 13 effect if the agreement is not executed by both parties and returned to the office of City Clerk within 14 sixty (60) days following the effective date of the resolution. 5 /1/ 16 /1/ 17 1/1 18 /11 19 1// 20 1/1 21 1// 22 1// 23 1// 24 II/ 25 1// 26 /1/ 27 1// ~ 1// 5MBicj[Moore,Res] 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 AND ITS POLICE EMPLOYEES IN THE 3 CASE OF ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO; SAN BERNARDINO POLICE OFFICERS ERNESTO ANT/LLON, MIKE GOLUBIC, SGT. SCHWENKA, 4 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor meeting thereof, held 6 and Common Council of the City of San Bernardino at a 7 on the _day of 8 9 COUNCIL MEMBERS: 10 ESTRADA II LONGVILLE 12 MCGINNIS 13 DERRY 14 SUAREZ J ANDERSON 16 MC CAMMACK 17 18 19 , 2003, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS Rachel Clark, City Clerk 20 The foregoing Resolution is hereby approved this _ day of ,2003 21 22 23 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney 27 " MB/cj(Moore.Res] JUDITH VALLES, Mayor City of San Bernardino PROFESSIONAL SERVICES AGREEMENT 2 ADRIAN EUGENE MOORE V. CITY OF SAN BERNARDINO; SAN BERNARDINO POLICE OFFICERS ERNESTO ANTILL ON, MIKE GOLUBIC, SGT. SCHWENKA, 3 BUSTAMANTE, QUIROZ, AND LEE DEAN, CHIEF OF POLICE (United States District Court Case No. EDCV 01-03074 DDP (RZ) 4 5 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 6 LEWIS, BRISBOIS, BISGAARD & SMITH (hereinafter "LBB&S") are the parti'es to this 7 Agreement. 8 2. LBB&S will be representing the following entities and persons in this litigation: 9 CITY OF SAN BERNARDINO; SAN BERNARbINO POLICE OFFICERS ERNESTO 10 ANTILLON, MIKE GOLUBIC, SGT. SCHWENKA, BUSTAMANTE, QUIROZ, AND LEE 11 DEAN, CHIEF OF POLICE. LBB&S shall not represent any client in any type of claim against the 12 CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the 13 City Attorney's Office. 14 3. LBB&S shall be paid at the hourly rates set forth below: 5 Attorneys - $125.00 per hour; and, 16 Law Clerks/Paralegals - $50.00 per hour. 17 The amounts expended under this agreement for attorneys fees shall not exceed 18 $25,000 without further approval of the Mayor and Common Council. 19 20 4. 5. Bills shall be submitted at least quarterly. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 21 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 22 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of 23 reimbursement for photocopying, telephone charges, and postage. 24 6. Ifattorney's fees are charged "portal to portal" (e.g., from office to court and return), 25 then LBB&S shall not be entitled to reimbursement for mileage and parking fees. 26 7. LBB&S shall obtain approval from the CITY to retain expert consultants and other 27 professionals (not including court reporters) for purposes of defending the litigation. LBB&S may, ~ ifit chooses, pay the fees and charges of such consultants and seek reimbursement form CITY on SM Bicj [M oorePrfServ, Agreement] its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 2 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 3 Finance Department. 4 8. Status reports will be submitted to CITY through the City Attorney's Office whenever 5 any significant event occurs, and in any event at least quarterly. Information sufficient to set 6 reserves, including, without limitation, potential liability exposure and percentage offault shall be 7 included. 8 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City 9 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this, 10 or other Iitigatio)1. II 10. Copies of any correspondence and other documents sent to any of the defendants in 12 this action shall also be provided to the CITY through the City Attorney's Office. 13 II. Any and all settlements shall require CITY approval. Request for settlement authority 14 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 5 12. In the event the settlement value of this case appears to exceed $50,000.00 the City 16 Attorney's Office shall be notified immediately. 17 13. Only Joseph Arias of LEWIS, BRISBOIS, BISGAARD & SMITH or other senior 18 attorney approved by the City shall try this case. 19 14. No client development costs are to be included in billings. 20 15. No continuing education expenses are to be included in billings. 21 16. Final billing shall be accompanied by copies of the Request for Dismissal, 22 Satisfaction of Judgment, Release and any other final documents. 23 17. Either party may terminate this contract at will. LBB&S will continue to represent 24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 25 another attorney. 26 18. LBB&S is an independent contractor as to the CITY. 27 19. LBB&S shall maintain the following types of insurance with limits as shown: ~~ III 5MBicj [Moore PrfServ, Agreement] a) Workers Compensation as required by the laws of the State of California, including Employment Liabilitywith $250,000 limits covering all persons providing service on behalf of LBB&S and all risks to such persons under this Agreement. LBB&S 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 provided under this Agreement. 2 3 4 5 6 7 8 9 10 II 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. 12 In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows" 13 14 "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." ) 16 17 18 LBB&S shall furnish certificates of insurance and certified copies of all policies and 19 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior 20 to the commencement of performance of services hereunder, which certificates shall provide that 21 such insurance shall not be terminated or expire without thirty (30) days written notice to the City 22 Attorney's Office, and shall maintain such insurance from the time LBB&S commences performance 23 of services hereunder until the completion of such services. 24 All policies, with respect to the insurance coverage above required, except for the 25 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 26 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 27 their employees, agents, volunteers and officers as additional named insured with respect to '~ liabilities arising out of the performance of services hereunder. SM SiC]! M oorePrfSer\' .Agreement J All policies required above are to be primary and non-contributing with any insurance 2 or self-insurance programs carried or administered by the CITY or other parties represented under 3 this Agreement. 4 5 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 6 7 8 Dated: 9 10 II 12 13 Dated: 14 ,2003 LEWIS, BRISBOIS, BISGAARD & SMITH By: Joseph Arias ,2003 CITY OF SAN BERNARDINO By: Judith Valles, Mayor 16 17 18 19 Approved as to form and legal content: 20 21 JAMES F. PENMAN, City Attorney 22 By: L ,/ ew-... 23 24 {J 25 26 27 -~ SM B/cj I M oorePrfServ.Agreement I . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 21,2003 TO: Edna DiVellis, Operations Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-44 At the Mayor and Common Council meeting of February IS, 2003, the City of San Bernardino adopted Resolution 2003-44 - Resolution authorizing the execution of a professional services agreement between Lewis, Brisbois, Bisgaard & Smith and the City to represent the City and its police employees in the case of Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Officers Ernesto Antillon, Mike Golubic, Sgt. Schwenka, Bustamante, Quiroz, and Lee Dean, Chief of Police. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolntion and agreement will be nnll and void if not execnted within 60 days, or by April 21, 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:fl-u, t/O;j,j/iLf {)(' Date: ,;;., /;,,>1/ D.3 ~~~ , Please sign and return -, CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 4, 2003 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-44 - 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 and its police employees in the case of Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Officers Antillon, Mike Golubic, Sgt. Schwenka, Bustamante, Quiroz, and Lee Dean, Chief of Police. 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): )-I'i:-ClS Item # Cj Vote: Ayes 1'1., -4 - () Nays.G- Change to motion to amend original documents: 200::$ .j!"'I Absent 3 Resolution # Abstain -kr See Attached: ,/" Date Returned: :;, ---'\ -e3 See Attached: See Attached: Reso. # On Attachments: ./ Contract term: -- Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: ?-2.0 c::, ~).)cQ?) Date ofClerk/CDC Signature: :J -.;11 -o?) Date Sent to Mayor: Date of Mayor's Signature: Date Memo/Letter Sent for Signature: ) - d I -0 -:>:, 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (64\3, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Code Coropliaoce Dev. Services Parks & Rec. Police Public Services Water Notes: NulVVoidAfter: vC DA~S /1-LI-b3 I Reso. Log Updated: V Seal Impressed: ./ YesL No By Yes No ..L By Yes No ,/ By Yes NOZ By Yes No By EDA Finance ./ MIS Others: 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: (YI'( Date: .3.JI-()3 Revised 01/12/01