HomeMy WebLinkAbout10-City Attorney
~i'TY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F, PENMAN
Onl~'~qL
tll '..-oj j ~ 11
Subject: (A) Professional Services Agreement between the City
of San Bernardino and the law firm of Lewis, D' Amato,
Brisbois & Bisgaard to represent the City in the case of
San Bernardino Hotel/Motel Ass 'n v. City of San Bernardino, et af.
Dept: CITY ATTORNEY
Date: October 13,2000
(8) Professional Services Agreement between the City
of San Bernardino and the law firm of Lewis, D' Amato,
Brisbois & Bisgaard to represent the City in the case of
Gonzales, et al. v. City of San Bernardino, et al.
Synopsis of Previous Council Action:
I 0/02/00 -
Mayor and Council approved the hiring of Lewis, D' Amato, Brisbois & Bisgaard
to represent the City in the subject court actions.
Recommended motion:
Adopt Resolutions.
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
IO/lfp!lJO
Agenda Item No,-10
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STAFF REPORT
Council Meeting Date: October 16.2000
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 11,2000
AGENDA ITEM: Professional Services Agreement between the City of
San Bernardino and the law firm of Lewis, O'Amato,
Brisbois & Bisgaard to represent the City in the case of
San Bernard/no HoteVMotel Ass'n v. City of San Bernard/no, et a/.
Professional Services Agreement between the City
of San Bernardino and the law firm of Lewis, O'Amato,
Brisbois & Bisgaard to represent the City in the case of
Gonzales, et a/. v. City of San Bernard/no, et a/.
On October 2, 2000, the Mayor and Common Council approved the law firm of
Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the above-referenced court
actions. Attached hereto are the Professional Services Agreement which reflect such
approval, including the initial threshold of $20,000 and $30,000, respectively, 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 Agreements 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 Agreements
with the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the case
of San Bernardino HoteVMotel Ass'n v. City of San Bernardino, et al. and Gonzales, et al.
v. City of San Bernardino, et al.
"
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~(Q;Il?V
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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 LEWIS, D' AMATO, BRISBOIS & BISGAARD AND
THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO
4 HOTELlMOTEL ASSOCIATION V. CITY 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 1. That the Mayor of the City of San Bernardino is hereby authorized and
8 directed to execute on behalf of said City a Professional Services Agreement between Lewis,
9 D' Amato, Brisbois & Bisgaard for legal services, a copy of which is attached hereto marked Exhibit
10 "A" and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no further
12 effect if the agreement is not executed by both parties and returned to the Office of the City Clerk
13 within sixty (60) days following the effective date of the resolution.
14
15 I I I
16 I I I
17 III
18 I I I
19 I I I
20 II I
21 I I I
22 II I
23 II I
24 II I
25 I I I
26 II I
27 I I I
. 28 III
RLS/j. (HOTEU.RES)
1
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BElWEEN LEWIS. D' AMATO, BRISBOIS & BISGAARD AND
THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO
3 HOTEVMOTEL ASSOCIATION V. CITY OF SAN BERNARDINO, ET AI.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
meeting thereof,
held on the
day of
. 2000, by the foUowing vote, to wit:
7
8
9
10
11
12
13
14
15
16
17
18
19
COUNCU. MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2000.
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 Attorney
26
1.~
RLS/j. [HOTEL2.RES]
2
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PROFESSIONAL SERVICES AGREEMENT
2
San Bernardino HotellMotel Ass'n v. City of San Bernardino, et at
3 I, The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 LEWIS, D' AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
5 Agreement.
6 2, LDB&B will be representing the following entities in this litigation: CITY OF SAN
7 BERNARDINO, LDB&B shall not represent any client in any type of claim against the CITY
8 without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
9 Attorney's Office.
10 3. LDB&B shall be paid at the hourly rates set forth below:
11 Attorneys - $110.00 per hour; and,
12 Law ClerkslParalegals - $65,00 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 quarterly,
16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement
18 LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu
19 of reimbursement for photocopying, telephone charges, and postage,
20 6. If attorney's fees are charged "portal to portal" (e.g" from office to court and
21 return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
22 7, LDB&B shall obtain approval from the CITY to retain expert consultants and other
23 professionals (not including court reporters) for purposes of defending the litigation. LDB&B may,
24 ifit chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
25 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department
28 8. Status reports will be submitted to CITY through the City Attorney's Office
RLSIjs [HOTEL2.AGR) 1
Exhibit "A"
.
.
1 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including, without limitation, potential liability exposure and percentage of fault shall
3 be included.
.
4 9. Copies of all opinions, pleadings, discovery and motions shaIl be provided to the
5 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
6 in this, or other litigation.
7 10. Copies of any correspondence and other documents sent to any of the defendants
8 in this action shall also be provided to the CITY through the City Attorney's Office.
9 11. Any and all settlements shall require CITY approval. Request for settlement
10 authority shall be made through the City AttorneY's Office which shall obtain the necessary CITY
11 approvals.
12 12. In the event the settlement value of the case appears to exceed $50,000, the City
13 Attorney's Office shall be notified immediately.
14 13. Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BISGAARD or other
15 senior attorney approved by the CITY shall try this case.
16
14.
15.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
17
18 16. Final billing shaIl be accompanied by copies of the Request for Dismissal,
19 Satisfaction of Judgment, Release and any other final documents.
20 17. Either party may terminate this contract at will. LDB&B will continue to represent
21 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
22 another attorney.
23 18. LDB&B is an independent contractor as to the CITY.
24 19. LDB&B shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State
26 of California, including Employment Liability with $250,000 limits
. 27 covering all persons providing service on behalf of LDB&B and all risks to
28 such persons under this Agreement. LDB&B shall require its Workers
RLS/j. [HOTEU.AGR)
2
Exhibit "A"
'.
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.
25
26
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27
28
1
Compensation carrier to waive all rights of subrogation against the CITY
and its officers and employees and any others for whom services are being
provided under this Agreement.
2
3
4
b)
Comprehensive General and Automobile Liability Insurance
5
coverage to include contractual coverage and automobile coverage for
owned, hired and non-owned vehicles. The policy shall have at least a
combined single limit of$I,OOO,ooo for bodily injury and property damage.
6
7
8
c)
Professional Liability Insurance with limits of at least
9
$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. "
10
11
12
13
14
15
LDB&B shall fumish 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 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 performance
of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
'Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
16
17
18
19
20
21
22
23
24
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
insurance or self-insurance programs carried or administered by the CITY or other parties
represented under this Agreement.
ltLSlj. [HOTEL2.AGlt]
3
Exhibit "A"
'.
. 1 20. All communications and billings to the CITY are to be directed as foUows:
2 City Attorney's Office
CITY OF SAN BERNARDINO
3 300 North "0" Street
San Bernardino, CA 92418
4
DATED: ,2000 LEWIS, 0' AMATO, BRISBOIS & BISGAARD
5
6
7
By: Joseph Arias
8
9
DATED: ,2000 qrv OF SAN BERNARDINO
10
11
12 By: Judith Valles, Mayor
13
. 14
15
16
17
18
19
20 A:pproved as to fonn and
legal content:
21
JAMES F. PENMAN,
22 City Attorney
23
24
25
26
. 27
28
RLS/js [HOTEL2.AGR( 4
Exhibit "A"
~(Q)[PW
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 LEWIS, D'AMATO, BRISBOIS & BISGAARD
AND THE CITY OF SAN BERNARDINO IN THE CASE OF ROY GONZALES, ET AL.
4 V. CITY OF SAN BERNARDINO.
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 Professional Services Agreement between Lewis, D 'Amato ,
9 Brisbois & Bisgaard for legal services, a copy of which is attached hereto marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth at length.
II 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 City
13 Clerk within sixty (60) days following the effective date of the resolution.
14 III
15 1/1
16 III
17 III
18 II/
19 I I I
20 III
21 III
22 III
23 III
24 1/1
J" III
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26 III
27 III
28 III
SDE/calgonzak's, res I I
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD
AND THE CITY OF SAN BERNARDINO IN THE CASE OF ROY GONZALES, ET AL.
3 V. CITY OF SAN BERNARDINO.
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
10 MCGINNIS
II SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
. 15
16
17
, 2000, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
18
19
The foregoing Resolution is hereby approved this
day of
, 2000.
20
21 JUDITH VALLES, Mayor
City of San Bernardino
22
Approved as to form and
23 legal content:
24 JAMES F. PENMAN.
City Attorney
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26
27
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SDE/calgoozales.rcs I 2
2000-309
1
PROFESSIONAL SERVICES AGREEMENT
2
Roy Gonzales, et al. v. City of San Bernardino, et al.
3
4
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 LEWIS, D' AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
6 Agreement.
7
2.
LDB&B will be representing the following entities in this litigation: CITY OF SAN
8 BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
9 without prior written approval to do so trom the CITY OF SAN BERNARDINO through the City
10 Attorney's Otlice.
11
o
.).
LDB&B shall be paid at the hourly rates set forth below:
12 Attorneys - $125.00 per hour; and,
13 Law Clerks/Paralegals - $50.00 per hour.
14 The amounts expended under this Agreement for attorneys' fees shall not exceed $30,000.00
15 without further approval of the Mayor and Common Council.
16
4.
5.
Bills shall be submitted at least quarterly.
17
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 LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu
20 of reimbursement for photocopying, telephone charges, and postage.
21
6.
Ifattorney's fees are charged "portal to portal" (e.g., from office to court and return),
22 then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
23
7.
LDB&B shall obtain approval from the CITY to retain expert consultants and other
24 professionals (not including court reporters) for purposes of defending the litigation. LDB&B 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.
SDEIAG/ea [Gonzales.Agr]
1
October 10, 2000
.
.
.
1
8.
Status reports will be submitted to CITY through the City Attorney's Office whenever
2 any signiticant event occurs. and in any event at least quarterly. Information sufficient to set
3 reserves. including. without limitation. potential liability exposure and percentage of fault shall be
4 included.
5
9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the City
6 Attomey's Omce which may reproduce same and provide copies to other parties or attorneys in this,
7 or other litigation.
8
10.
Copies of any correspondence and other documents sent to any of the parties in this
9 action shall also be provided to the CITY through the City Attorney's Office.
10
II.
Any and all settlements shall require c;ny approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12
12.
In the event the settlement value of the case appears to exceed $50,000. the City
13 Attorney's Office shall be notified immediately.
14
13. Only Joseph Arias of LEWIS. D'AMA TO. BRISBOIS & BISGAARD or other
15
senior attorney approved by the CITY shall try this case.
16
14.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of the Request for Dismissal,
17
15.
18
16
19 Satisfaction of Judgment. Release and any other tinal documents.
20
. 17.
Either party may terminate this contract at will. LDB&B will continue to represent
21 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
22 another attorney.
23
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:
24
25
a)
Workers Compensation as required by the laws of the State of
26 Calitomia. including Employment Liability with $250,000 limits covering all persons
27
providing service on behalf of LDB&B and all risks to such persons under this
Agreement. LDB&B shall require its Workers Compensation carrier to waive all
28
SI)I:."Il(i/Cill(j\%~ah:s.t\grl
2
EXHIBIT "A"
Oclohcr 10. 200n
.
.
.
1 rights of subrogation against the CITY and its officers and employees and any others
2
for whom services are being provided under this Agreement.
3
bl
Comprehensive General and Automobile Liability Insurance coverage
4 to include contractual coverage and automobile coverage for owned, hired and non-
S owned vehicles. The policy shall have at least a combined single limit 01'$1.000,000
6 for bodily injury and property damage.
7
c)
Professional Liability Insurance. with limits of at least $1,000,000 per
8 claim. In lieu of naming the CITY as an additional insured. the policy may be
9 endorsed as follows:
10 "Insurance coverage afforde4'by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
11 CITY OF SAN BERNARDINO for legal defense services, provided
such liability results from an error, omission or negligent act of the
12 insured. its officers. employees, agents or subcontractors. All other
provisions of this policy are to remain unchanged."
13
14
LDB&B 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 OtTice. and shall maintain such insurance from the time LDB&B commences performance
19 of senices 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 insurance
26 or selt:insurance programs carried or administered by the CITY or other parties represented under
27
this Agreement.
28
1'1
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SDF'IH iit';l ICil1ll/illc:s Agrl
3
Octoher 10. 2000
EXHIBIT "A"
.
.
.
4
5 DATED: October ,2000.
-
6
7
8
9
10 DATED: October _,2000.
11
l2
13
14
15
1
20.
All communications and billings to the CITY are to be directed as follows:
2
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
3
LEWIS, D' AMATO, BRISBOIS & BISGAARD
By: Joseph Arias
CITY,OF SAN BERNARDINO
By: Judith Valles, Mayor
16 Approved as to form and
legal content:
17
JAMES F. PENMAN
18 City Attornev
. f) ,
19 il 1- ~
:: (fr-. . i ~
22
23
24
25
26
27
28
\lll.. B(jilo:.ll(jlll1l.illc:,..'\grl
4
EXHIBIT "A"
Ochltl.:r 10. 21100
LEWIS, D' AMATO, BRISBOIS & BISGAARD LLP
LOS ANGELES OFFICE
SUITE 1200
221 NORTH FIGUEROA STREET
LOS ANGELES, CALIfORNIA 90012-2601
TELEPHONE (213) 250.1800
LAWYERS
SAN FRANCISCO OFFICE
SUITE 1400
ONE SAN SOME STREET
SAN FRANCISCO, CALIFORNIA 94104.4448
TELEPHONE (415) 362.2680
TAl-CITY CORPORATE CENTRE
SU ITE 600
SAN DIEGO OFFICE
SUITE aoo
550 WEST He" STREET
SAN DIEGO, CALIfORNIA 92101-3540
TELEPHONE (619)233-1006
650 EAST HOSPITALITY LANE
TELEPHONE (909) 387-1130
SACRAMENTO OFFICE
SUITE 200
2500 VENTURE OAKS WAY
SACRAMENTO, CALIFORNIA 95833-3500
TELEPHONE (916) 564-5400
SAN BERNARDINO,CALlFORNIA 92408-3508
COSTA MESA OFFICE
SUITE 1400
650 TOWN CENTER DRIVE
CENTER TOWER BUILDING
COSTA MESA, CALIFORNIA 92626-1925
TELEPHONE (714) 545-9200
WWW.LDBB.COM
FACSIMILES:
LOS ANGELES: (213) 250.7900
SAN DIEGO: (619) 233.8627
COSTA MESA: (714) 850-1030
SAN FRANCISCO: (415) 434-0882
SAN BERNARDINO: (909) 387.1138
SACRAMENTO: (916) 664-5444
JOSEPH ARIAS
DIRECT DIAL: (909) 381-7155
E-MAIL: ARIAS@LDBB.COM
October 27,2000
Michelle Taylor
Senior Secretary
Office ofthe City Clerk
300 North "D' Street
San Bernardino, CA 92418-0001
Re: San Bermardino Hotel/Motel Assoc. v. City of San Bernardino. et a!.
Dear Ms. Taylor:
I am returning herewith the original professional services agreement which I have
executed.
Very truly yours,
~-t-~ )"~ Ccif,ea..,
J seph Arias of
EWIS, D'AMATO, BRISBOIS & BISGAARD LLP
JA:nji
Enc!.
S82oo0:33855.1
LEWIS, D' AMATO, BRISBOIS & BISGAARD LLP
LOS ANGELES OFFICE
SUITE 1200
221 NORTH FIGUEROA STREET
LOS ANGELES, CALIFORNIA 90012-2601
TELEPHONE (213) 250-1800
LAWYERS
SAN FRANCISCO OFFICE
SUITE 1400
ONE SAN SOME STREET
SAN FRANCISCO. CALIFORNIA 94104-4448
TELEPHONE (415) 362-2580
TRI~CITY CORPORATE CENTRE
SUITE 600
SAN DIEGO OFFICE
SUITE 800
550 WEST HCH STREET
SAN DIEGO, CALIFORNIA 92101.3540
TELEPHONE (619) 233-1006
650 EAST HOSPITALITY LANE
COSTA MESA OFFICE
SUITE 1400
650 TOWN CENTER DRIVE
CENTER TOWER BUILDING
COSTA MESA. CALIFORNIA 92626-1925
TELEPHONE (714) 545-9200
TELEPHONE (909) 387-1130
WWW.LDBB.COM
SACRAMENTO OFFICE
SUITE 200
2500 VENTURE OAKS WAY
SACRAMENTO, CALIFORNIA 95833.3600
TELEPHONE (916) 564-5400
SAN BERNARDINO,CALlFORNIA 92408-3508
JOSEPH ARIAS
DIRECT DIAL: (909) 381-7155
E-MAiL ARtAS@LDBB.COM
October 27, 2000
FACSIMILES:
LOS ANGELES: (213) 250-7900
SAN DIEGO: (619) 233-8627
COSTA MESA: (714) 850-1030
SAN FRANCISCO: (415) 434-0882
SAN BERNARDINO: (909) 387-1138
SACRAMENTO: (916) 564-5444
Michelle Taylor
Senior Secretary
Office of the City Clerk
300 North "D' Street
San Bernardino, CA 92418-0001
Re: Rov Gonzales v. Citv of San Bernardino. et al.
Dear Ms. Taylor:
I am returning herewith the professional services agreement which I have executed.
However, it has been my understanding all along that the hourly rate for attorneys in employment
law cases is $125.00 per hour. Since this case involves employment law issues, I believe page I,
line 12, should be amended to reflect $125.00 per hour. If you concur, will you please prepare
another page 1 and forward it to me so I can replace that page on my copy of the contract.
Very ttuly yours,
. ~/~~:lICc-.ci ~
'--
Joseph Arias of
LEWIS, D'AMATO, BRISBOIS & BISGAARD LLP
JA:nji
Enc!.
SB2000:JJ855.1
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
FROM:
Michelle Taylor, Senior Secretary
City Clerk's Office
Stephanie D. Easlan~[r
Deputy City Attorney
TO:
DATE:
December 27, 2000
RE:
Agreement with Lewis, D'Amato, Brisbois & Bisgaard, Roy Gonzales v. City of
San Bernardino, et al. - Resolution 2000-309
Pursuant to your request, line 12, page 1, of the above-referenced Agreement has been
amended to reflect the hourly rate for attorneys of$125.00. The original Agreement along with the
corrected page I is attached.
Should you have any questions, please do not hesitate to contact me.
Attachments
ea[Gonzales.tay]
,. ,
;
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10 " I Io-Cf:) Item # \ 0 P,
Vote: Ayes i - 0) Nays..e
Change to motion to amend original documents:
Resolution # 2CN-, - ::SOC]
Abstain.e- Absent B-
.~ ~O '2Cco-.3i)8
Reso. # On Attachments: L
Contract term:
-
NulllVoid After: \2-\5-00
Date Sent to Mayor: 10- n- 00 Date Returned from Mayor:
Date of Clerk's Signature: IOrcO-Oc) Reso. Log Updated:
i ")-:<-O--():') Date of Mayor's Signature: /0-\0-00
..I Seal Impressed: V
Date Memo Sent to Department for Signature:
--
See Attached: - Date Returned:
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned: /- 9-6/
Note on Resolution of Attachment stored separately: .::::-.
Direct City Clerk (circle 1): PUBLISH, POST, RECORD W/COUNTY Date:
See Attached: .-
Yes ..L No By
Yes No...L By
Yes No ---L By
Yes No ./ By
Yes No/ By
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 Compliance
Dev. Services
EDA
Finance
MIS
Parks & Rec.
Police
Public Services
Water
Others:
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: 'In"
Date: 1-;0 -0 {
.
.
" ' .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I 0 -( (" .00 Item #
Vote: Ayes! - 0 Nays .e
Change to motion to amend original documents:
\ 0 A Resolution # 'Lcxn - 30S
Abstain.e- Absent -&
See tE'&:) ZC'Ci0 - 2 (lOl
Reso. # On Attachments: ~
Contract term:
Date Sent to Mayor: 10 -1,- 00 Date Returned from Mayor:
Date of Clerk's Signature: \D-ZO--Do Reso. Log Updated:
NullNoid After: j2 -I S -00
I O.70-o:.J
V
Date of Mayor's Signature: I <:Jl q -rJ:)
Seal Impressed: ,,/
Date Memo Sent to Department for Signature:
See Attached: -=- Date Returned:
Date Letter Sent to Outside Party for Signature: \'>20 CO See Attached:./ Date Returned: 10-30 -0:)
60 Day Reminder Letter Sent on 30th day: See Attached:
90 Day Reminder Letter Sent on 45th day: See Attached:
Note on Resolution of Attachment stored separately: c::::=.....
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
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:
v'
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
-- See Attached: -
Yes ./ No By
Yes No ---L. By
Yes No V By
Yes No l/ 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: rrrr
Date: \0-30 W