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HomeMy WebLinkAbout11-City Attorney " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F, PENMAN City Attorney 0,:\',':: 1'1':/~L Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise and assist the Civil Service Board in all proceedings in regard to, or arising out of, a specified disciplinary action. Dept: CITY ATTORNEY Date: August 14,2002 Synopsis of Previous Council Action: Mayor and Council approved the hiring of Lewis, Brisbois, Bisgaard & Smith to advise and assist the Civil Service Board in the subject action. Recommended motion: The Mayor and Common Council adopt the resolution, l-.~ Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: ~~~ d{)().:;l-dl')~ olfn/O;J./ Agenda Item No. II tJ1-1, '. STAFF REPORT Council Meeting Date: Au~ust 13. 2002 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office August 14, 2002 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise and assist the Civil Service Board in all proceedings in regard to, or arising out of, a specified disciplinary action. The Mayor and Common Council approved the law firm of Lewis, Brisbois, Bisgaard & Smith to advise and assist the-Civil Service Board in all administrative and/or judicial proceedings in regard to, or arising out of the disciplinary action against Ronald Van Rossum. Attached hereto is the Professional Services Agreement which reflects such approval. 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. C I 2 , ~ 4 5 6 7 8 9 10 II 12 13 c o ~(Q)~W , RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERc"'JARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE BOARD lN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED DISCIPLINARY ACTION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of the resolution. 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 1/1 21 /II 22 /II ")' -~ /II 24 /II 25 1/1 26 1/1 27 1/1 28 HTCljs [AGR.RES] I c 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 2 SERVICES AGREEMENT BETWEEN LEWIS, BRISBOIS, BISGAARD & SMITH AND THE CITY OF SAN BERNARDINO TO ADVISE AND ASSIST THE CIVIL SERVICE 3 BOARD IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A SPECIFIED DISCIPLINARY ACTION. 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 thereof. held on the day of 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 LIEN 10 MCGINNIS 11 DERRY 12 SUAREZ 13 ANDERSON C 14 MCCAMMACK 15 16 17 18 The foregoing Resolution il; hereby approved this meetin , 2002, by the following vote, to wit ABSTAIN ABSENT CITY CLERK 19 20 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 r, f 't 26 By: \~~ ./. I~ 0 27 () J 28 HTCljs [AGR.RES} 2 day of ,2002. JUDITH V ALLES, Mayor City of San Bernardino c c o 1 PROFESSIONAL SERVICES AGREEMENT The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 2 I. 3 LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement. 4 . 2. LBB&S will be advising and assisting the Civil Service Board in all administrative 5 and/or judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald Van Rossum. LBB&S 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. r o 7 8 9 3. LBB&S shall be paid at the hourly rates set forth below: 10 Attorneys - $125.00 per hour; and, 11 Paralegals - $ 65.00 per hour. 12 The amounts expended under this Agreement for attorneys fees shall not exceed 13 $20,000 without further approval of the Mayor and Common Council. 14 Bills shall be submitted at least quarterly. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 4. 15 5. 16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 17 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 18 of reimbursement for photocopying, telephone charges, and postage. 19 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 20 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees. 21 7. Only David Gondek of Lewis, Brisbois, Bisgaard & Smith, or other senior attorney 23 22 approved by the CITY shall advise and assist the Civil Service Board. 24 25 8. 9. 10. No client development costs are to be included in billings. No continuing education expenses are to be included in billings. Either party may terminate this contract at will. LBB&S will continue to advise 26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter 27 28 and file are transferred to another attorney. 11. LBB&S is an independent contractor as to the CITY. HTC [LBBS.AGR] 1 Exhibit "A" c 1 12. 2 LBB&S shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits 3 5 . covering all persons providing service on behalf ofLBB&S and all risks to such persons under this Agreement. LBB&S shall require its Workers Compensation carrier to wai ve all rights of subrogation against the CITY and its officers and employees and any others for whom services are being provided under this Agreement. 4 6 7 8 9 b) Comprehensive General and Automobile Liability 10 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. c) Professional Liability Insurance with limits of at least 11 12 13 c 14 15 $1,000,000 per claim. . In lieu of naming the CITY as an additional 16 insured, the policy may be endorsed as follows; 17 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the 18 Agreement with the CITY OF SAN BERNARDINO for legal services, provided such liability results from an error, 19 omission or negligent act of the insured, its officers, . employees, agents or subcontractors. All other provisions 20 of this policy are to remain unchanged." 21 LBB&S shall furnish certificates of insurance and certified copies of all policies 22 and endorsements to the City Administrator's Office evidencing the insurance coverage above 23 required prior to the commencement of performance of services hereunder, which certificates shall 24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice 25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S 26 commences performance of services hereunder until the completion of such services. c 27 All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 28 HTC [LBBS.AGR] 2 Exhibit "A" Ie c o 1 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named 3 insured with respect to liabilities arising out of the performance of services hereunder. 4 All policies required above are to be primary and non-contributing with any 5 insurance or self-insurance programs carried or administered by the CITY or other parties 6 represented under this Agreement. 7 13. All 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 8 9 10 11 DATED: ,2002 LEWIS, BRISBOIS, BISGAARD & SMITH 12 13 14 15 By: Timothy Sabo 16 DATED: ,2002 CITY OF SAN BERNARDINO 17 18 19 20 By: Judith Valles, Mayor 21 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 l ~ By: I "(Iv.? / G-v~....... H6iBS.AGRJ 3 Exhibit "A" 28 c 1 2 PROFESSIONAL SERVICES AGREEMENT 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 3 . LEWIS, BRISBOIS, BISGAARD & SMITH ("LBB&S") are the parties to this Agreement. 4 2. LBB&S will be advising and assisting the Civil Service Board in all administrative 5 and/or judicial proceedings in regard to, or arising out of, the disciplinary action against Ronald 6 Van Rossum. LBB&S shall not represent any client in any type of claim against the CITY without 7 prior written approval to do so from the CITY OF SAN BERNARDINO through the City 8 Attorney's Office. 9 " .J. LBB&S shall be paid at the hourly rates set forth below: 10 Attorneys - $125.00 per hour; and, 11 Paralegals - $ 65.00 per hour. 12 The amounts expended under this Agreement for attorneys fees shall not exceed 13 $20,000 without further approval of the Mayor and Common Council. c 14 4. 15 5. Bills shall be submitted at least quarterly. 16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 17 LBB&S may include a single charge in an amount not to exceed four percent (4%) offees in lieu 18 . of reimbursement for photocopying, telephone charges, and postage. 19 6. If attorney's fees are charged "P9rtal to portal" (e.g., from office to court and 2 0 return), then LBB&S shall not be entitled to reimbursement for mileage and parking fees. 21 7. 22 approved by the CITY shall advise and assist the Civil Service Board. Only David Gondek of Lewis , Brisbois, Bisgaard & Smith, or other senior attorney 23 8. 9. 10. 24 25 No client development costs are to be included in billings. No continuing education expenses are to be included in billings. Either party may terminate this contract at will. LBB&S will continue to advise c 26 and assist the Civil Service Board on the terms and conditions in this Agreement until the matter 27 and file are transferred to another attorney. 28 HTC [LBBS.AGR] 11. LBB&S is an independent s;ontractor as to the CITY. 1 c 1 12. LBB&S shall maintain the following types of insurance with limits as shown: 2 a) Workers Compensation as required by the laws of the State 3 of California. including Employment Liability with $250.000 limits 5 covering all persons providing service on behalf of LBB&S and all risks to such persons under this Agreement. LBB&S shall require its Workers 4 7 Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being 6 8 provided under this Agreement. 9 b) Comprehensive General and Automobile Liability 10 Insurance coverage to include contractual coverage and automobile 11 coverage for owned. hired and non-owned vehicles. The policy shall have 12 at least a combined single limit of $1,000,000 for bodily injury and 13 property damage. c 14 c) Professional Liability Insurance with limits of at least 15 $1,000,000 per claim. In lieu of naming the CITY as an additional 16 insured, the policy may be endorsed as follows: 17 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the 18 Agreement with the CITY OF SAN BERNARDINO for legal services, provided such liability results from an error, 19 omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions 20 of this policy are to remain unchanged." 21 LBB&S shall furnish certificates of insurance and certified copies of all policies 22 and endorsements to the City Administrator's Office evidencing the insurance coverage above 23 required prior to the commencement of performance of services hereunder, which certificates shall 24 provide that such insurance shall not be terminated or expire without thirty (30) days written notice 25 to the City Administrator's Office, and shall maintain such insurance from the time LBB&S 26 commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the c 27 28 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall HTC [LBBS.AGR] 2 c c o 1 obtain additional endorsements naming the CITY and all parties represented under this Agreement. 2 their elected officials, officers, attorneys, employees, agents and volunteers as additional named 3 insured with respect to liabilities arising out of the performance of services hereunder. 4 All policies required above are to be primary and non-contributing with any 5 insurance or self-insurance programs carried or administered by the CITY or other parties 6 represented under this Agreement. 7 13. All 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 8 9 10 11 DATED: ,2002 LEWIS, BRlSBOIS, BISGAARD & SMITH 12 13 14 By: Timothy Sabo 15 16 DATED: ,2002 CITY OF SAN BERNARDINO 17 18 19 By: Judith Valles, Mayor 20 21 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 ;/ / c::.-u 28 By: '1 '>'1P? 3 . . . , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 22, 2002 .. ~ m ;: <: TO: Edna De V ellis, Operations Supervisor m 0 !:S ~ FROM: Michelle Taylor, Senior Secretary ~ ." -< N C") Transmitting Documents for Signature - Resolution 2002-272 i r- RE: m A: ;;J;: At the Mayor and Common Council meeting of August 19, 2002, the City of San Bernardino adopted Resolution 2002-272 - Resolution authorizing the execution of a professional services agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise the Civil Service Board in all proceedings in regard to, or arising out of. a specified disciplinary action. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and retum the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreemeut will be null and void if not executed within 60 days, or by October 18,2002. 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: 1~ c/J)j'l/. ./1.';" Date: ~ I J- 3/0 '- Please sign and return CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 28, 2002 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-272 - Agreement with Lewis, Brisbois, Bisgaard & Smith CC: Attached is a fully executed copy of the professional services agreement between the City and Lewis, Brisbois, Bisgaard & Smith to advise the Civil Service Board in all proceedings in regard to, or arising out of, a specified disciplinary action. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. '. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '6 -, q ~..;;l. Item # I I Vote: Ayes ;;J. -'1 Nays 0- Change to motion to amend original documents: - Resolution # d(X).;) - ::J f) :l. Abstain .e Absent I Reso. # On Attachments: / - Contract term: - NullNoidAfter: 100 0A<r~ },o-I~~Cl,;;)- , Note on Resolution of Attachment stored separately: -=--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: <ls'~ db-od Date of Mayor's Signature: Sf 'dl-<l~ Date of Clerk/CDC Signature: 5.(~ l7;;r<:J:;;>- Reso. Log Updated: ~ Seal Impressed: j./' Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: ~- ~ d -C):;).- See Attached: L Date Returned: ~- '?f)-O.:;1. See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes L Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No ~ By No ,/ By No / By No 7 By Copies Distributed to: City Attorney ,/ Parks & Rec. Code Compliance Dev. Services EDA Finance V MIS 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: fh'l Date: 8' -dk'~O;l Revised 01/12/01