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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Or.;~'I;~I'\L
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, its employees, officers and
elected officials during the current
investigation and in any ensuing litigation
against the City by the U.S. Department of
Housing and Urban Development
Dept: CITY ATTORNEY
Date: June II, 2002
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Lewis, D'Amato, Brisbois & Bisgaard to represent the
City of San Bernardino, its employees, officers and elected officials during the current investigation
and in any ensuing litigation against the City by the U.S. Department of Housing and Urban
Development
Recommended motion:
Adopt Resolution.
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(I Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Renort
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
(,/1$-"
Agenda Item No.1D
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STAFF REPORT
Council Meeting Date: June 17. 2002
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 11,2002
AGENDA ITEM: 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, its employees, officers and elected officials
during the current investigation and in any ensuing litigation against the
City by the U.S. Department of Housing and Urban Development
The Mayor and Common Council authorized retaining Joseph Arias and his law firm Lewis,
D'Amato, Brisbois & Bisgaard to represent the City of San Bernardino, its employees, officers and
elected officials during the current investigation and in any ensuing litigation. This agreement
formalizes the retention of this law firm.
The U.S. Department of Housing and Urban Development (HUD) is currently conducting
an investigation of the City's closure of the Cypress Inn Mobile Home Park in December, 2000.
The City is responding to the administrative investigation at this time. At the conclusion of
the administrative investigation, HUD has the option of closing the case with no action taken or
pursue the matter criminally, civilly or administratively.
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RESOLUTIO~ ~~.~ lJ--" V
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 BERNARDINO TO REPRESENT THE CITY, ITS EMPLOYEES, OFFICERS AND
4 ELECTED OFFICIALS DURING THE CURRENT INVESTIGATION AND IN ANY
ENSUING LITIGATION AGAINST THE CITY BY THE U.S. DEPARTMENT OF
5 HOUSING AND URBAN DEVELOPMENT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Lewis, D'Amato,
10 Brisbois & Bisgaard and the City of San Bernardino for legal services, a copy of which is attached
II hereto marked Exhibit .. A" and incorporated herein by reference as fully as though set forth at
12 length.
13 SECTION 2. The authorization granted hereunder shall expire and be v'oid and of no
14 further effect if the agreement is not executed by both parties and returned to the office of City
15 Clerk within sixty (60) days following effective date of the resolution.
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RLS/js [HUD.RES] 1
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY, ITS EMPLOYEES, OFFICERS AND
3 ELECTED OFFICIALS DURING THE CURRENT INVESTIGATION AND IN ANY
ENSUING LITIGATION AGAINST THE CITY BY THE U.S. DEPARTMENT OF
4 HOUSING AND URBAN DEVELOPMENT..
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
meetin
7 thereof, held on the day of
8 COUNCIL MEMBERS: AYES NAYS
9 ESTRADA
10 LIEN
11 MCGINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
r-
I..- IS MCCAMMACK
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, 2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
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Approved as to form and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
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27 By: L T-,f~
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RLS/js [HUD.RES] 2
JUDITH V ALLES, Mayor
City of San Bernardino
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PROFESSIONAL SERVICES AGREEMENT
(U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT)
INVESTIGATION AND LITIGATION
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I. 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
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Agreement.
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2. LDB&B will be representing the following entities and persons in the investigation
and any litigation by the U.S. Department of Housing and Urban Development involving the
Cypress Inn Mobile Park and its residents: CITY OF SAN BERNARDINO, its employees, officers
and elected officials. 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 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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The amounts expended under this agreement for attorneys fees shall not exceed
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$10,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
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The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
5.
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mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
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LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu
of reimbursement for photocopying, telephone charges, and postage.
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6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
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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
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RLS/js [HUD.AGR]
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1 pay it directly. Consultants shall not bill the CITY directly without prior approval ofthe CITY'S
2 Finance Department.
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8.
Status reports will be submitted to CITY through the City Attorney's Office'
4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
5 to set reserves, including, without limitation, potential liability exposure and percentage of fault
6 shall be included.
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9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the
8 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
9 in this, or other litigation.
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10.
Copies of any correspondence and other documents sent to any of the defendants
11 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
13 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
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approvals.
In the event the settlement value of the case appears to exceed $50,000, the City
16 Attorney's Office shall be notified immediately.
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12.
Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BISGAARD or other
18 senior attorney approved by the CITY shall try this case.
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13.
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,
22 Satisfaction of Judgment, Release and any other final documents.
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14.
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Either party may terminate this contract at will. LDB&B will continue to represent
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24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
25 another attorney.
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RLS/js [HUD.AGR]
18.
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LDB&B is an independent contractor as to the CITY.
LDB&B shall maintain the following types of insurance with limits as shown:
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 ofLDB&B and all risks
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
provided under this AgreemenL
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b)
Comprehensive General and Automobile Liability
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Insurance coverage to include contractual coverage and automobile
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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. In lieu of naming the CITY as an additional
insured, the policy may be endorsed as follows:
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"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 ofthe insured, its officers,
employees, agents or subcontractors. All other provisions of this policy
are to remain unchanged."
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LDB&B shall furnish certificates of insurance and certified copies of all policies
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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
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
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obtain additional endorsements naming the CITY and all parties represented under this Agreement,
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their employees, agents, volunteers and officers as additional named insured with respect to
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1 liabilities arising out of the performance of services hereunder.
2 All policies required above are to be primary and non-contributing with any
3 insurance or self-insurance programs carried or administered by the CITY or other parties
4 represented under this Agreement.
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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
DATED:
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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24 Approved as to form and
legal content:
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JAMES F. PENMAN,
26 City Attorney
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CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 25, 2002
TO:
Edna DeVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Docwnents for Signature - Resolution 2002-161
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At the Mayor and Common Council meeting of June 17, 2002, the City of San aenardino
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adopted Resolution 2002-161 - Resolution authorizing the execution of a professioncAj:services
agreement between Lewis, D 'Amato, Brisbois & Bisgaard and the City of San Bernardino to
represent the City, its employees, officers and elected officials during the current inv~igation
and in any ensuing litigation against the City by the u.s. Department of Housing and Urbcln
Development.
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 resolution and authorization will be null and void if not executed
with 60 days, or by August 16, 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 docwnents.
Signed: 4~ ffi.i V J. J / I ~
Date: /.., / ;, '5'10 :J...
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 8, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-161 - Lewis, D'Amato, Brisbois & Bisgaard
CC:
Attached is a fully executed copy of the agreement with Lewis, D'Amato, Brisbois & Bisgaard to
represent the City, its employees, officers and elected officials during the current investigation
and in any ensuing litigation against the City by the U.S. Department of Housing and Urban
Development. 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): (rI1-O;;" Item # 10
Vote: Ayes '-4,1. 1-'1 Nays-o
Change to motion to amend original documents: -
Resolution # jjX);J. - I&> {
Abstain ,..e; Absent 5
See Attached: Aate Returned: ~~Od-
See Attached:
e ched:
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: 11J -I '6 - O-;;l..
Date of Mayor's Signature: l.f -80 - Q'd-
Date of Clerk/CDC Signature: 10 - ::J. 1- D d-
Date MemolLetter Se
. nature: (" - () 6.0 ~
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 (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Perso~nel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney J
Parks & Rec.
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
NullNoidAfter: /.;{) d.D.Lp1 Is-Itp-O:;).
By: -
Reso. Log Updated:
Seal Impressed:
(
Yes / No By_
Yes NO~ 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: 1-'i(--o~
Revised 01112/01