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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept:
CITY ATTORNEYO' ;.. .- ." · L
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June 25, 2002
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 the CYSA South
San Bernardino Soccer Foundation
Bankruptcy, Case Number RS 02-1 8493-MG
Date:
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Lewis, D'Amatao, Brisbois & Bisgaard to represent the
City in the CYSA South San Bernardino Soccer Foundation Bankruptcy, Case Number RS 02-
I 8493-MG
Recommended motion:
Adopt Resolution.
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0- 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: July 1. 2002
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 25, 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 in the CYSA South San Bernardino Soccer
Foundation Bankruptcy, Case Number RS 02-18493-MG
The Mayor and Common Council previously approved the law firm of Lewis, D'Amato,
Brisbois & Bisgaard to represent the City in the above-referenced bankruptcy proceeding, 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 the CYSA South San Bernardino
Soccer Foundation Bankruptcy, Case Number RS 02-1 8493-MG,
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA;'; I
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SER\1CES I'
AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF
SAN BERNARDINO TO REPRESENT THE CITY IN THE CYSA SOl'TH SAX BER"IARDI;';O
SOCCER FOUNDATION BANKRUPTCY, CASE NUMBER RS 02-18493-MG.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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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.
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RESOLUTIO!'.' OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:>;
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 IN THE CYSA SOUTH SAN BERNARDINO
3 SOCCER FOUNDATION BANKRUPTCY, CASE NUMBER RS 02-18493-MG.
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
AYES
, 2002, by the following vote, to wit
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
II DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
NAYS
ABSTAIN ABSENT
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CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
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JUDITH V ALLES. Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN.
City Attorney
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PROFESSIONAL SERVICES AGREEME"IT
REPRESENTATION OF THE CITY OF SAN BERNARDINO IN THE
CYSA SOUTH SAN BERNARDINO SOCCER FOVNDA nON BANKRUPTCY
CASE NUMBER RS 02-18493-MG
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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.
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2.
LDB&B will be representing the following entities and persons in this bankruptcy
8 proceeding: CITY OF SAN BERNARDINO, LDB&B shall not represent any client in any type
9 of claim against the CITY without prior written approval to do so from the CITY OF SAN
10 BERNARDINO through the City Attorney's Office.
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3.
LDB&B shall be paid at the hourly rates set forth below:
Bankruptcy Attorneys - $125.00 per hour:
All Other 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
16 $20,000 without further approval of the Mayor and Common Council.
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4.
5.
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges. photocopying, postage, lodging,
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19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
20 LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu
21 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
23 return). then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
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7.
LDB&B shall obtain approval from the CITY to retain expert consultants and other
25 professionals (not including court reporters) for purposes of representing the City. LDB&B may,
26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
27 its periodic statement. or it may forward the consultant's bill to CITY with a request that the CITY
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pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
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PROFESSIONAL SERVICES AGREEMENT
REPRESENTATION OF THE CITY OF SAN BERNARDINO IN THE
CYSA SOUTH SAN BERNARDINO SOCCER FOUNDATION BANKRUPTCY
CASE NUMBER RS 02-18493-MG
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4 Finance Department.
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8,
Status reports will be submitted to CITY through the City Attorney's Office
6 whenever any significant event occurs. and in any event at least quarterly.
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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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II.
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
14 approvals.
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16 Attorney's Office shall be notified immediately.
If any settlement offer of the pending bankruptcy is made to the City, the City
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18 the CITY shall represent the City in this proceeding and try any litigation.
Only attorneys of LEWIS, D' AMATO, BRISBOIS & BISGAARD approved by
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14.
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16.
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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17.
Either party may terminate this contract at will. LDB&B will continue to represent
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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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:
a)
Workers Compensation as required by the laws of the State
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PROFESSIONAL SERVICES AGREEMENT
REPRESENTATION OF THE CITY OF SAN BERNARDINO IN THE
CYSA SOUTH SAN BERNARDINO SOCCER FOUNDATION BANKRUPTCY
CASE NUMBER RS 02-18493-MG
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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
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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provided 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
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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
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 ofthis policy
are to remain 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
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
Workers Compensation insurance coverage and professional liability coverage. if applicable, shall
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PROFESSIONAL SERVICES AGREEMENT
REPRESENTATION OF THE CITY OF SAN BERNARDINO IN THE
CYSA SOUTH SAN BERNARDINO SOCCER FOUNDATION BANKRUPTCY
CASE NUMBER RS 02-18493-MG
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4 obtain additional endorsements naming the CITY and all parties represented under this Agreement.
5 their employees. agents. volunteers and officers as additional named insured with respect to
6 liabilities arising out of the performance of services hereunder.
7 All policies required above are to be primary and non-contributing with any
8 insurance or self-insurance programs carried or administered by the CITY or other parties
9 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 924 I 8
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DATED:
.2002
LEWIS. D'AMATO. BRISBOIS & BISGAARD
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By: Tim Sabo
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DATED:
.2002
CITY OF SAN BERNARDINO
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By: Judith Valles. Mayor
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Approved as to form and
24 legal content:
25 JAMES F. PENMAN.
City Attorney
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CITY. OF SAN BERNARDINO
Interoffice Memorandum
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Records and Information Management (RIM) Program
DATE:
July 8, 2002
TO:
Edna DeVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-179
At the Mayor and Common Council meeting of July 1, 2002, the City of San Bernardino adopted
Resolution 2002-179 - Resolution authorizing the execution of a professional services
agreement between Lewis, D'Amato, Brisbois & Bisgaard and the City to represent the City in
the CYSA South San Bernardino Soccer Foundation Bankruptcy, Case Number RS 02-18493-
MG.
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 agreement will be null and void if not executed
within 60 days, or by August 30, 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: ~ &;J., ." I;'
Date: 7/10/0:2-
Please sign and return
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 17, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-179 - Agreement with Lewis, D' Amato, Brisbois & Bisgaard
CC:
Attached is a fully executed copy of the professional services agreement with Lewis, D'Amato,
Brisbois & Bisgaard to represent the City in the CYSA South San Bernardino Soccer Foundation
Bankruptcy. 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): ,-1-0 d Item #
Vote: Ayes \ - " Nays.e--
Change to motion to amend original documents:
II
Resolution # d OOd- n q
Abstain -A-- Absent-er
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: () ~'C> ;;)
Date of Mayor's Signature: 1\.- 3-D;:}
Date of Clerk/CDC Signature: 11- ~--o;}
NullNoid After: t" CJ OA-<j.s / g-3)-()~
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Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:"/ Date Returned: I)~/-;-o:;>-
See Attached:
See Attached:
')_'ii'-0 ~
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
Public Services
Water
Police
Notes:
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: (Y't'(
Date:'1-r'7-0";>-
Revised 01112/01