HomeMy WebLinkAbout09-City Attorney
, .
l"", ,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F, PENMAN
City Attorney
OR/!" "qL
j",;".A
Subject: Professional Services Agreement
between the City of San Bernardino and
the law firm of Lewis, D'Amato, Brisbois
& Bisgaard to represent the City of San
Bernardino in litigation against the
CYSA-South San Bernardino Soccer
Foundation, et at
Dept: CITY ATTORNEY
Date: April 30, 2002
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Lewis, D'Amato, Brisbois & Bisgaard to represent
the City in litigation against CYSA-South San Bernardino Soccer Foundation, et at
Recommended motion:
Adopt Resolution.
b
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
Q.tB'l.BdOC:~-\~3 5/ fJJ I ();r
Agenda Item No. 9
1-----
'cO
STAFF REPORT
Council Meeting Date: May 6. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
April 30, 2002
Professional Services Agreement between tbe City of San Bernardino
and the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent
the City of San Bernardino in litigation against the CYSA-South San
Bernardino Soccer Foundation, et al. (Agenda Item #9)
The Mayor and Common Council previously approved the law firm of Lewis, D'Amato,
Brisbois & Bisgaard to represent the City in the above-referenced litigation. Attached hereto is the
Professional Services Agreement which reflects such approval, including the initial threshold of
$20,000 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 litigation against the CYSA-South San
Bernardino Soccer Foundation, et al.
~(Q)~W
.
.
RESOLU1:'ION 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, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERJ'IARDINO TO REPRESENT THE CITY IN LITIGATION AGAINST THE CYSA-SOUTH
4 SAN BER,"IARDINO SOCCER FOUNDATION, 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, copies of which are
10 attached hereto marked Exhibit" A" and incorporated herein by reference as fully as though set
.
II forth at 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 1/1
16 1/1
17 1/1
18 1/1
19 11/
20 1/1
21 1/1
22 11/
23 1/1
24 1/1
25 1/1
26 1/1
27 11/
28 11/
HTC/js [CYSA.RES] 1
.
.
.
1 RESOLUTION OF THE MA YORAND COMl\10N COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
.., AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERJ'lARDINO TO REPRESENT THE CITY IN LITIGATION AGAINST THE CYSA-
3 SOUTH SAN BERNARDINO SOCCER FOUNDATION, ET AL.
4
5
6
7
8
9
10
11
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin_
thereof, held on the
day of
, 2002, by the following vote, to wit
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
AYES
NAYS
ABSTAIN ABSENT
12
DERRY
SUAREZ
ANDERSON
13
14
MCCAMMACK
15
16
17
18
19
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
20
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorn
26
27 By:
28
2
HTC/js [CYSA.RES]
1----
.
.
.
1
PROFESSIONAL SERVICES AGREEMENT
REPRESENTATION OF THE CITY OF SAN BERNARDINO IN LITIGATION
AGAI:\'ST THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION, ET AL.
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS. D' AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
2
3
4
5
Agreement.
6
2. LDB&B will be representing the following entities and persons in this litigation:
7
8
CITY OF SAN BERNARDINO. LDB&B 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
9
the City Attorney's Office.
10
11
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.
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
4. Bills shall be submitted at least quarterly.
16
17
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
18
19
of reimbursement for photocopying, telephone charges, and postage.
20
21
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
22
23
24
25
26
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
27
Finance Department.
28
HTC/js [CYSA.AGR]
1
.
1 8. Status reports will.be Slll:>mitted 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 II. 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, D'AMATO, BRISBOIS & BISGAARD or other
16 attorney approved by the CITY shall try the litigation.
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. 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.
24 18. LDB&B is an independent contractor as to the CITY.
25 19. LDB&B shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State
27 of California, including Employment Liability with $250,000 limits
28 covering all persons providing service on behalf ofLDB&B and all risks
HTC/js [CYSA.AGRj 2
.
.
.
.
.
1
to such persons under this Agreement. LDB&B shall require its Workers
2
Compensation carrier to waive all rights of subrogation against the CITY
and its ofticers and employees and any others for whom services are being
3
4
provided under this Agreement.
5
b)
Comprehensive General and Automobile Liability
6
Insurance coverage to include contractual coverage and automobile
7
coverage for owned, hired and non-owned vehicles. The policy shall have
8
at least a combined single limit of $1,000,000 for bodily injury and
property damage.
9
10
c)
Professional Liability Insurance with limits of at least
11
$1,000,000 per claim. In lieu of naming the CITY as an additional
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,
employees, agents or subcontractors. All other provisions of this policy
are to remain unchanged."
12
13
14
15
16
LDB&B shall furnish certificates of insurance and certified copies of all policies
17
and endorsements to the City Attorney's Office evidencing the insurance coverage above required
18
prior to the commencement of performance of services hereunder, which certificates shall provide
19
that such insurance shall not be terminated or expire without thirty (30) days written notice to the
20
City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
21
22
performance of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
23
24
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
25
26
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any
27
28
HTC/js [CYSA.AGR]
3
.
10
11
12
13
.
.
insurance or self-insurance programs carried or administered by the CITY or other parties
represented under this Agreement.
1
2
3
20.
All communications and billings to the CITY are to be directed as follows:
4
5
6
DATED:
,2002
7
8
9
DATED:
,2002
14
15
16
17
18
19
20
21
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorne
25
26 By:
27
28
HTC/js (CYSA.AGR]
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LEWIS, D'AMATO, BRISBOIS & BISGAARD
By: Joseph Arias
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
4
I
I
_____.____1
,
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 13, 2002
TO:
Edna DeVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-123
At the Mayor and Common Council meeting of May 6, 2002, the City of San Bernardino
adopted Resolution 2002-123 - Resolution authorizing the execution of a professional services
agreement between Lewis, D 'Amato, Brisbois & Bisgaard and the City to represent the City in
litigation against the CYSA-South San Bernardino Soccer Foundation, 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
with 60 days, or by July 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 of the above mentioned documents.
Signed: ~ iDi J ~
Date: 5//3/0:J.-
, .
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 24, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-123 - Agreement with Lewis, D' Amato, Brisbois & Bisgaard
CC:
Attached is a fully executed copy of the professional services agreement between Lewis,
D' Amato, Brisbois & Bisgaard and the City to represent the City in litigation against the CYSA-
South San Bernardino Soccer Foundation, Inc. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
':"-~~"",,,",':':'~Cf'~'~'''''''~,'-
",:"',,',,,"'''':~>rt:.,~~~...,~.__~
"'....".."'."~, ".l""_"~'/"'-t"'-
t..'
. ~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5/" / 0:) Item #
Vote: Ayes 1-:1. 1- 'l Nays-G-
,
Cf
Resolution # () OOd -\ '^ l
Abstain -e Absent , j
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
Date Sent to Mayor: 5'- ')--<):;}.
Date of Mayor's Signature: 5-~-O:;;
Date ofClerklCDC Signature: 5 -q -0 d
NullNoidAfter: ~O DA-i.s f f)-OS-O:;l-
By: -
Reso. Log Updated: ,/'
Seal Impressed: V
Date MemolLetter Sent for Signature: 5 -/3-0 ;)-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./ Date Returned: ~.;l4-0 ~
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 r"" Code Compliance
Dev. Services
Parks & Rec.
Police
Public Services
Water
Notes:
Yes L No By
Yes No ~ By
Yes No V By
Yes No ,/ By
Yes No 7 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:(Yr( . Date: ~ - d-4 -0 ~
Revised 01/12/0 I