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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
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I"1Vi";
Subject: Professional Services Agreement
between the City of San Bernardino and
the law firm of Lewis, D'Amato, Brisbois
& Bisgaard to represent the City and
employees in the case of Richard P. Avila,
et at. v. Mike Grubbs, et at.
Dept: CITY ATTORNEY
Date: January 25, 2002
Synopsis of Previous Council Action:
January 7, 2002:
Mayor and Council approved the hiring of Lewis, D'Amato, Brisbois
& Bisgaard to represent the City in the subject court action.
Recommended motion:
Adopt Resolution.
zr
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Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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STAFF REPORT
Council Meeting Date: February 4. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
January 25, 2002
Professional Services Agreement between the City of San Bernardino
and the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent
the City and its employees in the case of Richard P. A vila, et al. v. Mike
Grubbs, et al.
On January 7, 2002, the Mayor and Common Council approved the law firm of Lewis,
D'Amato, Brisbois & Bisgaard to represent the City and employees Mike Grubbs, Ray Casey and
James Funk in the above-referenced court action. Attached hereto is a Professional Services
Agreement which reflects such approval, including the initial threshold of $20,000.00 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, D'Amato, Brisbois & Bisgaard to represent the City in the case of Richard P. Avila, et al. v.
Mike Grubbs, et al.
RLS/js[A VILA2.RPT]
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA~ !
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN LEWIS. D'AMATO. BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY AND EMPLOYEES IN THE CASE OF RICHARD p, AVILA, et al. \
4 MIKE GRUBBS, et al.
.,
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 Lewis. D'Amato.
9 Brisbois & Bisgaard 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
II 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 the City
14 Clerk within sixty (60) days following the effective date of the resolution.
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RLS/js [A VILA2.RES]
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE crTY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
., BETWEEN LEWIS. D'AMATO. BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY AND EMPLOYEES IN THE CASE OF RICHARD P. AVILA. elal. \.
3 MIKE GRUBBS. elal.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meetin
6 thereof, held on the day of
7 COUNCIL MEMBERS: AYES NAYS
8 ESTRADA
9 LIEN
]0 MCGINNIS
II SCHNETZ
12 SUAREZ
13 ANDERSON
e 14 MCCAMMACK
15
,2002, by the following vote, to wit
ABSTAIN
ABSENT
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]7
]8
]9
CITY CLERK
The foregoing Resolution is hereby approved this
day of
.2002.
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2]
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Approved as to form and
')' legal content:
-~
24 JAMES F. PENMAN,
City Attorney
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26 By: Q,1..A t p~.
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RLSljs [A VILA2.RES] 2
JUDITH V ALLES, Mayor
City of San Bernardino
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PROFESSIONAL SERVICES AGREEMENT
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Ricllard P. A vila v. Mike Grubbs, et al.
San Bernardino Superior Court Case No. SCVSS 084862
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1.
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LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
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Agreement.
2. LDB&B will be representing the following entities and persons in this litigation:
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MIKE GRUBBS, RAY CASEY, JAMES FUNK, and CITY OF SAN BERNARDINO. LDB&B
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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. LDB&B shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
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Tit" amounts expended under this agreement for attorneys fees shall not exceed
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$20.000 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.
LDB&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 LDB&B shall not be entitled to reimbursement for mileage and parking fees.
7. LDB&B shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. LDB&B 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
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
Finance Department
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RLS/js [A VILA2.AGR]
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8. Status reports will be submitted to CITY through the City Attornev's Oftice i
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whenever any significant event occurs. and in any event at least quarterlv. Information sufficient I
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to set reserves, including, without limitation. potential liability exposure and percentage of fault I
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4 shall be included.
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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.
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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.
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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.
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12.
In the event the settlement value of the case appears to exceed $50.000. the City
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Attorney's Office shall be notified immediately.
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13. Only Joseph Arias of LEWIS. D'AMATO, BRISBOIS & BISGAARD or other
16 senior attorney approved by the CITY shall try this case.
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Final billing shall be accompanied by copies of the Request for Dismissal,
No client development costs are to be included in billings.
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No continuing education expenses are to be included in billings.
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20 Satisfaction of J'dgment, Release and any other final documents.
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17.
Either party may terminate this contract at will. LDB&B 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.
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18.
19.
LDB&B is an independent contractor as to the CITY.
LDB&B shall maintain the following types of insurance with limits as shown:
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a)
Workers Compensation as required by the laws of the State
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of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of LDB&B and all risks
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RLS/js [A VILA2.AGR]
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to such persons under this Agreement. LDB&B 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
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providd under this Agreement.
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b)
Comprehensive General and Automobile Liability
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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.
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c)
Professional Liability Insurance with limits of at least
.
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$1,000,000 per claim. In lieu of naming the CITY as an additional
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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,
emplo;. "\. agents or subcontractors. All other provisions of this policy
are to n::'lain unchanged."
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LDB&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 shall provide
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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 LDB&B commences
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performance of services hereunder until the completion of such services.
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All policies, with respect to the insurance coverage above required, except for the
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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.
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All policies required above are to be primary and non-contributing with any
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insurance or self-insurance programs carried or administered by the CITY or other parties
represented under this Agreement. I
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20.
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
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DATED:
,2002
LEWIS, D'AMATO, BRISBOIS & BISGAARD
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By: Joseph Arias
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DATED:
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles. Mayor
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22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
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By: LT. f e-....
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RLS/js [A VILAl.AGR]
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 8, 2002
TO:
Josie Soria, Legal Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-33
At the Mayor and Common Council meeting of February 4, 2002, the City of San Bernardino
adopted Resolution 2002-33 - Resolution authorizing the execution of a professional services
agreement between Lewis, D 'Amato, Brisbois & Bisgaard and the City of San Bernardino to
represent the City and employees in the case of Richard P. Avila, et al. v. Mike Grubbs, et ai,
Attached is one (I) original agreement. Please obtain signatures in the appropriate locations and
return the 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 April 5, 2002.
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 ofthe above mentioned documents,
Signed:~~ /~ ~
Date:~l)~
Please sign and return
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 26, 2002
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-33 - Lewis, D' Amato, Brisbois and Bisgaard
CC:
Attached is a fully executed copy of the agreement with Lewis, D' Amato, Brisbois and Bisgaard
to represent the City and employees in the case of Richard P. Avila, et at. v. Mike Grubbs, et at,
which was approved at the Mayor and Common Council meeting held on February 4,2002. The
original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 2 ~.6, -Od- [tern #
Vote: Ayes 1-') 5-~ Nays.b
,
8
Resolution # 2 (:() 2- -.3 '.::,
Abstain b- Absent <i
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 By:
Date Sent to Mayor: '~ (" -t, 2-
Date of Mayor's Signature: ;) -(,-0 ').
Date of Clerk/CDC Signature: ;;J -"] -0 d-
NullNoid After: I.oc, OA'I-'J /-4' 5-02.
Reso. Log Updated: ~
Seal Impressed: y'
Date Memo/Letter Sent for Signature: ). - '6-o:L
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Returned: 1)-;)5 -0 ~
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):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes ./ No By
Yes No"L By
Yes No ,/ By
Yes NO~ 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: _
Date:
Revised 0 III 2/0 I