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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution Authorizing the City Attorney
to Increase the Hourly Rate Paid to the Law Firm of
Lewis, Brisbois, Bisgaard & Smith
CITY ATTORNEYC r . .' .. L
October22002 'j i j "",..Ii
,
Dept:
Date:
Synopsis of Previous Council Action:
The Council has approved the hiring of the law firm of Lewis, Brisbois, Bisgaard & Smith to
represent the City and employees in several pending lawsuits.
Recommended motion:
Adopt the Resolution.
r7rL-
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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STAFF REPORT
Council Meeting Date: October 7. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
October 2, 2002
Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Attorney to Increase the Hourly Rate
Paid to the Law Firm of Lewis, Brisbois, Bisgaard & Smith.
The law firm of Lewis, Brisbois, Bisgaard & Smith (LBB&S) currently represents the City
and Redevelopment Agency in fourteen active lawsuits. The City and Redevelopment Agency
currently pay LBB&S $110 per hour for legal representation in litigation, with the exception of
employment cases which are $125 per hour. The current rate has been in effect for several years.
LBB&S has requested the City to raise the rate to $125 per hour for all litigation handled by them.
The City and County of Riverside and the County of San Bernardino all pay outside attorneys $125
per hour to handle litigation. The City Attorney's office requests authority to increase the hourly rate
paid to LBB&S to $125 on all litigation cases currently handled by the firm, effective November 1,
2002.
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RESOLUTION NO._
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO INCREASE THE
HOURLY RATE PAID TO THE LAW FIRM OF LEWIS, BRISBOIS, BISGAARD &
SMITH:
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council authorize' a rate increase to the law firm of
Lewis, Brisbois. Bisgaard & Smith to the rate of $125.00 per hour effective November 1, 2002.
SECTION 2. The rate increase is effective on all lawsuits currently being handled by the law firm
of Lewis, Brisbois, Bisgaard & Smith for the City of San Bernardino and its RedeveloPlTlent
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY ATTORNEy TO INCREASE THE
2 HOURLY RATE PAID TO THE LAW FIRM OF LEWIS, BRISBOIS, BISGAARD &
SMITH. . .
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 2002, by the following vote, to wit:
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COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
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14
15
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CITY CLERK
The foregoing Resolution is hereby approved this
day of
.2002.
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JUDITH V ALLES, Mayor
21 City of San Bernardino
22 Approved as to form and
legal content:
23
JAMES F. PENMAN,
24 City Attorney
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RLSljs [INCREASE.RES] 2
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Resolution # {;)OO;:) - 315
Abstain .er Absent .e-
Meeting Date (Date Adopted): I (J -I)-Od- Item # 10
Vote: Ayes (-I') Nays.e-
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
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Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
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IO-IO-O;r.
IO-IO-o,;}-
emo/Letter Sent for Signature:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
See Attached:
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:
,./
Dev. Services
Code Compliance
City Attorney
Parks & Rec.
Police
Public Services
Water
Notes:
NullNoid After: -
By: -
Reso. Log Updated: v"
Seal Impressed: v'
Date Returned: -
Yes v' No By
Yes No~ By
Yes No -..L-- By
Yes N07 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: .ll:'l:L-
Date: IO-14-<l,y
Revised 01112/0 I