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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: Professional Services Agreement between the City
CITY ATTORNEY of San Bernardino and the law firm of Best, Best&Krieger
to represent the City in the matter of Garrett Zimmon,
Disability Retirement Application.
Dept: CITY ATTORNEY
Date: January 29, 2007 MCC Meeting: February 5,2007
Synopsis of Previous Council Action:
01/22/07- Mayor and Council approved the retention of Arlene Prater, Esq. Of the Law Firm of
Best, Best& Krieger to represent the City in the matter of Garrett Zimmon, Disability
Retirement Application.
Recommended motion:
The Mayor and Common Council adopt the resolution.
Signature
Contact person: Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Committee Notes: le-cS'oe—ce 77 4r2 �z-100 7 >
Agenda Item No.
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STAFF REPORT
Council Meeting Date: February 5, 2007
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 31,2007
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Best, Best & Krieger to represent the City in the
matter of Garrett Zimmon, Disability Retirement Application
On January 22,2007,the Mayor and Common Council approved the hiring of Best,Best&
Krieger to represent the City in the matter of Garrett Zimmon, Disability Retirement Application.
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 ofthe 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 matter of Garrett Zimmon, Disability Retirement
Application.
Attachment
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COPY
1 RESOLUTION NO.
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 IN THE MATTER OF GARRETT ZIALVON, DISABILITY
4 RETIREMENT APPLICATION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. 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 Best, Best & Krieger
9 and the City of San Bernardino for legal services, a copy of which is attached hereto marked
10 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
1 1 SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the Office of the
13 City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND CO.N1MON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF
3 SAN BERNARDINO IN THE MATTER OF GARRETT ZIMMON, DISABILITY
RETIREMENT APPLICATION.
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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 2007, by the following vote, to
8 wit:
9 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
10 ESTRADA
I1 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
1 ; JOHNSON
16 MCCAMMACK
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18
CITY CLERK
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21 2007. The foregoing Resolution is hereby approved this day of ,
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to form:
25
JAMES F. PENMAN,
26 City Attorney
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28 By:
S F! [Zimmon.Disabiht-,Ret.Res1
1 PROFESSIONAL SERVICES AGREEMENT
In the Matter of GARRETT ZLILWON, Disability Retirement Application
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
BEST, BEST& KRIEGER (hereinafter "BB&K") are the parties to this Agreement.
2. BB&K will be representing the CITY in all administrative and/or judicial
proceedings in regard to,or arising out of the disability retirement application of Garrett Zimmon.
BB&K shall not represent any client in any type of claim against the CITY without prior written
approval to do so from the CITY through the City Attorney's Office.
10 3. BB&K shall be paid at the hourly rates set forth below:
11 Attorneys - $250.00 per hour; and,
12 Associate Attorney- $225.00 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 4. Bills shall be submitted at least on a monthly basis and no later than the 5`h day of
16 each succeeding month.
17 5. The actual cost for filing fees,telephone charges,photocopying,postage,lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 BB&K may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
20 of reimbursement for photocopying, telephone charges, and postage.
1 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
22 return), then BB&K shall not be entitled to reimbursement for mileage and parking fees.
2 7. BB&K shall obtain approval from the CITY to retain expert consultants and other
24 professionals(not including court reporters)for purposes of defending the litigation. BB&K may,
25 if it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on
26 its periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY
27 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
28 Finance Department.
SDEi edt Zimmon.DisabilitpRet.ProfSvcsAgr] 1
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8. Status reports will be submitted to CITY through the City Attorney's Office
VL
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
`} shall be included.
9. Copies of all opinions,pleadings. discovery and motions shall be provided to the
City Attorney's Office which may reproduce.same and provide copies to other parties or attorneys
in this, or other litigation.
10. Copies of any correspondence and other documents sent to any of the defendants
in this action shall also be provided to the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval. Request for settlement
1 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 Arlene Prater of BEST, BEST & KRIEGER or other senior attorney
16 approved by the CITY shall try this case.
17 14. No client development costs are to be included in billings.
1 6 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. BB&K 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. BB&K is an independent contractor as to the CITY.
25 19. BB&K shall maintain the following types of insurance with limits as shown:
2 6. 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 BB&K and all risks to such persons under
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1 this Agreement. BB&K shall require its Workers Compensation carrier to waive
2 all rights of subrogation against the CITY and its officers and employees and any
3 others for whom services are being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance
5 coverage to include contractual coverage and automobile coverage for owned,
6 hired and non-o�yned vehicles. The policy shall have at least a combined single
7 limit of$1,000,000 for bodily- injury and property damage.
8 c) Professional Liability Insurance with limits of at least$1,000,000
9 per claim. In lieu of naming the CITY as an additional insured, the policy may
10 be endorsed as follows:
11 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
12 BERNARDINO for legal defense services. provided such liability results from
an error, omission or negligent act of the insured,its officers,employees,agents
13 or subcontractors. All other provisions of this policy are to remain unchanged."
14 BB&K shall furnish certificates of insurance and certified copies of all policies and
15 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
16 to the commencement of performance of services hereunder. which certificates shall provide that
17 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
18 Attorney's Office.and shall maintain such insurance from the time BB&K commences performance
19 of services hereunder until the completion of such services.
20 All policies,with respect to the insurance coverage above required.except for the
21 Workers Compensation insurance coverage and professional liability coverage,if applicable,shall
22 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
23 their employees, agents, volunteers and officers as additional named insured with respect to
24 liabilities arising out of the performance of services hereunder.
25 All policies required above are to be primary and non-contributing with any
26 insurance or self-insurance programs carried or administered by the CITY or other parties
27 represented under this Agreement.
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20. All communications and billings to the CITY are to be directed as follo�ys:
City Attorney's Office
CITY OF SAN BERNARDINO
3 300 North "D" Street
San Bernardino, CA 92418
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DATED: Fcbmary 2007 BEST, BEST & KRIEGER
7 By: Arlene Prater
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9 DATED: February 2007 CITY OF SAN BERNARDINO
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By: Patrick J. Morris, Mayor
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6 Approved as to form:
17 JAMES F. PENMAN,
City Attorney
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By:
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