HomeMy WebLinkAboutS2-City Attorney
elfv OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
<
From: JAMES F. PENMAN
City Attorney
Subject:
Professional Services Agreement between the City
of San Bernardino and the law firm of Best,
Best & Krieger for an Analysis of the Proposed San
Bernardino City Professional Firefighters' Welfare
Benefit Plan and San Bernardino City Professional
Firefighters' Welfare Benefit Plan and Trust-
Trust Agreement.
- ~
Dept: CITY ATTORNEY
(., .. .
-. ;0.,.. L.
Date: October 4, 2002
Synopsis of Previous Council Action:
September 23,2002 - Mayor and Council approved the hiring of Best, Best & Krieger for the purpose of rendering
legal services for an analysis of the proposed San Bernardino City Professional Firefighters'
Welfare Benefit Plan and San Bernardino City Professional Firefighters' Welfare Benefit Plan and
Trust-Trust Agreement.
Recommended motion:
Adopt Resolution.
r
l~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Reoort
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
'Kt~ J!-200z..-3?I)
Agenda Item No. ~
10/'1/0;j.J
~
"
STAFF REPORT
Council Meeting Date: October 7. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
October 3, 2002
PROFESSIONAL SERVICES AGREEMENT BETWEEN BEST, BEST &
KRIEGER AND THE CITY OF SAN BERNARDINO FOR AN ANALYSIS
OF THE PROPOSED SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS' WELFARE BENEFIT PLAN AND SAN BERNARDINO
CITY PROFESSIONAL FIREFIGHTERS' WELFARE BENEFIT PLAN
AND TRUST -TRUST AGREEMENT
On September 23,2002, the Mayor and Common Council approved the law firm of Best,
Best & Krieger to review and analyze the proposed San Bernardino City Professional Firefighters'
Welfare Benefit Plan and San Bernardino City Professional Firefighters' Welfare Benefit Plan and
Trust-Trust Agreement and their impact on the City in the event of non-compliance with applicable
laws or plan insolvency, Attached hereto is a Professional Services Agreement which reflects such
approval, including the initial threshold of $5,000,00 and the requirement of regular status reports,
It is requested that the floor motion be adopted so that the Mayor is authorized to execute the
Professional Services Agreement on behalf of the City of San Bernardino with the law firm of Best,
Best & Krieger to represent the City in the review of the above-referenced matter.
SDEled[sbfire.rpt]
r/
~(Q)l?\Y
c
I
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO
FOR AN ANALYSIS OF THE PROPOSED SAN BERNARDINO CITY PROFESSIONAL
4 FIREFIGHTERS' WELFARE BENEFIT PLAN AND SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS' WELFARE BENEFIT PLAN AND TRUST-TRUST AGREEMENT.
5
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 Service Agreement between Best, Best & Krieger
10 and the City of San Bernardino for legal services, a copy of which is attached hereto marked
II Exhibit" A" and incorporated herein by reference as fully as though set 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 the City
14 Clerk within sixty (60) days following the effective date of the resolution.
C IS /I /
16 / / /
17 / / /
18 / / /
19 / / /
20 /1/
21 /1/
22 //1
23 /1/
24 //1
25 /1/
26 /1/
27 //1
C 28 //1
SDEled [SBFlRE.RES]
c
c
c
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN BEST, BEST & KRIEGER AND THE CITY OF SAN BERNARDINO
FOR AN ANALYSIS OF THE PROPOSED SAN BERNARDINO CITY PROFESSIONAL
4 FIREFIGHTERS' WELFARE BENEFIT PLAN AND SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS' WELFARE BENEFIT PLAN AND TRUST-TRUST AGREEMENT.
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting
, 2002, by the following vote, to
8 thereof, held on the
9 wit:
10 COUNCIL MEMBERS:
II ESTRADA
12 LIEN
13 MCGINNIS
14 DERRY
IS SUAREZ
16 ANDERSON
17 MCCAMMACK
18
19
20
21 The foregoing Resolution is hereby approved this
2002.
day of
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
day of
22
23
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form and
25 legal content:
26 JAMES F. PENMAN,
City Attorney
27
Ii -; /'
28 By: ~~~ 7 Jg.'1--~
"SBFIRE.RESI'
2
c
c
c
1 PROFESSIONAL SERVICES AGREEMENT
2
3 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 BEST, BEST & KRIEGER (hereinafter "BB&K") are the parties to this Agreement.
5 2. BB&K will be representing CITY OF SAN BERNARDINO, for the purpose of
6 rendering legal services for an analysis of the proposed San Bernardino City Professional Firefighters
7 Welfare Benefit Plan and San Bernardino City Professional Firefighters Welfare Benefit Plan and
8 Trust-Trust Agreement and the impact on the City of San Bernardino in the event of non-compliance
9 with applicable law or plan insolvency.
10 3. BB&K shall be paid for all work on said case by the CITY OF SAN
11 BERNARDINO at the hourly rates set forth below:
12 Peter Barmack - $290 per hour;
13 John Wahlin - $290 per hour.
14 4. Bills shall be submitted to the City Attorney's Office on a monthly basis. The total
15 payments for attorney's fees and costs shall not exceed $5,000 without the prior approval of the
16 CITY.
17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for
19 reimbursement.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then BB&K shall not be entitled to reimbursement for mileage and parking fees.
22 7. BB&K shall obtain approval from the City Attorney's Office to retain expert
23 consultants and other professionals (not including court reporters) for purposes of representing the
24 CITY OF SAN BERNARDINO. BB&K may, if it chooses, pay the fees and charges of such
25 consultants and seek reimbursement from the CITY through the City Attorney's Office on its
26 periodic statement.
27 8. Status reports will be submitted to CITY through the City Attorney's Office
28 regularly.
SDEled[BBK.Agr]
1
1 9.
C 2 10.
3 agreement.
4 II.
5 12.
6 13.
c
c
Copies of all opinions shall be provided to the City Attorney's Office.
Peter Barmack and John Wahlin shall perform the legal work set forth in this
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either CITY or BB&K may terminate this contract at will. BB&K will continue
7 to represent the CITY OF SAN BERNARDINO on the terms and conditions in this Agreement until
8 the case and file are transferred to another attorney.
.14. BB&K is an independent contractor as to the CITY.
15. BB&K shall maintain the following types of insurance with limits as shown:
a) Workers Compensation as required by the laws of the State of
California.
b) Comprehensive General and Automobile Liability 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 $1,000,000
9
10
11
12
13
14
15
16
17
18
19 /1/
20 //1
21 //1
22 /1/
23 /1/
24 //1
25 /1/
26 /1/
27 /1/
28 /1/
per claim.
SDEied[BBK.Agr]
2
io"~~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 14, 2002
TO:
Edna DeVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-327
At the Mayor and Common Council meeting of October 7, 2002, the City of San Bernardino
adopted Resolution 2002-327 - Resolution authorizing the execution of a professional services
agreement between Best, Best & Krieger and the City for an analysis of the proposed San
Bernardino City Professional Firefighters' Welfare Benefit Plan and San Bernardino City
Professional Firefighters' Welfare Benefit Plan and Trust-Trust Agreement.
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
and returned to the City Clerk's Office within 60 days, or by December 6, 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 documents.
Signed: cJ..L dQI\1 ,N, A'
Date: /0/1/7/0 Z-
, '
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 31, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-327 - Agreement with Best, Best & Krieger
CC:
Attached is a fully executed copy of the agreement with Best, Best & Krieger for an analysis of
the proposed San Bernardino City Professional Firefighters' Welfare Benefit Plan, and Welfare
Benefit Plan and Trust-Trust Agreement. The original agreement is on file in the City Clerk's
Office.
If you have any questions, please call me at ext. 3206.
.~.
.
. .
. r
-.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I b -I')-O;:l- Item #
Vote: Ayes~ Nays 1d-
S '2- Resolution # 2OOZ-321)
Abstain B- Absent-A-
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
PI
Date Sent to Mayor: 1(;) - q --0'6
Date of Mayor's Signature: 10-10-0;)
DateofClerklCDC Signature: ICJ- 1<:' -O~
NullNoid After: G,C) 0Prts. ) I L.-'- -0 C.
,
By: -
Reso. Log Updated: /
Seal Impressed: /
Date Memo/Letter Sent for Signature: \0 - 14-0 ;)-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ,,/' Date Returned: t<r3l-o;).
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:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes /' No By
Yes No~ By
Yes No~ By
Yes No ,/ 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: .l11:::..-
Date: 10 -31-Q;)-
Revised 01/12/01