HomeMy WebLinkAbout2004-0301
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RESOLUTION NO. 2004-30
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF BENJAMIN BROWN v. CITY
OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE I POLICE OFFICER; DOE 2 POLICE
OFFICER; and DOES 3 to 50 Inclusive.
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 Arias, Lockwood & Gray
and the City of San Bernardino 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 City Clerk within
sixty (60) days following the effective date of the resolution.
11 SMB/cj[BBrow .Res]
2004-30
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN ARIAS, LOCKWOOD AND GRAYAND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF BEN,JAMIN BROWN v. CITY
OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE I POLICE OFFICER; DOE 2 POLICE
OFFICER; and DOES 3 to 50 Inclusive.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held
on the 2rdday of February 2004, by the following vote, to wit:
COUNCIL MEMBERS: AYES
ESTRADA
x
LONGVILLE
x
MCGINNIS
_x
DERRY
v
SUAREZ
x
ANDERSON
x
MC CAMMACK
x
NAYS ABSTAIN ABSENT
Ra&hel Clark, City Clerk
The foregoing Resolution is hereby approved this �;%„day of February, 2004
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
SMB/cj[BBrow .Res]
2004-30
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PROFESSIONAL SERVICES AGREEMENT
BENJAMIN BROWN v. CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO; Doe 1 POLICE OFFICER;
Doe 2 POLICE OFFICER; and DOES I to 50, Inclusive.
SCVSS 107399
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
ARIAS, LOCKWOOD & GRAY (hereinafter "AL&G") are the parties to this Agreement.
2. AL&G will be representing the following entities and persons in this litigation: CITY
OF SAN BERNARDINO. AL&G 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. AL&G shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$25,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
AL&G may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
then AL&G shall not be entitled to reimbursement for mileage and parking fees.
7. AL&G shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. AL&G 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
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
Finance Department.
SMB/cj[BBrow PrfSemAgreeme l
2004-30
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8. Status reports will be submitted to CITY through the City Attorney's Office whenever
IIany significant event occurs, and in any event at least quarterly. Information sufficient to set
IIreserves, including, without limitation, potential liability exposure and percentage of fault shall be
I included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
or other litigation.
10. Copies of any correspondence and other documents sent to any of the defendants in
this action shall also be provided to the CITY through the City Attorney's Office,
11. Any and all settlements shall require CITY approval. Request for settlement authority
shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12. In the event the settlement value of this case appears to exceed $50,000.00 the City
Attorney's Office shall be notified immediately.
13. Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney
approved by the City shall try this case.
14. No client development costs are to be included in billings.
15. No continuing education expenses are to be included in billings.
16. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. AL&G will continue to represent the
CITY on the terms and conditions in this Agreement until the case and file are transferred to another
attorney.
18. AL&G is an independent contractor as to the CITY.
19. AL&G 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 covering all persons providing
service on behalf of AL&G and all risks to such persons under this Agreement.
AL&G shall require its Workers Compensation carrier to waive all rights of
SMB/cif BBrownPdSm Agreement]
2004-30
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subrogation against the CITY and its officers and employees and any others for
whom services are being provided under this Agreement.
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 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 of this policy are to remain unchanged."
AL&G 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 AL&G 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
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
///
//I
SMB/ci [B Brown PrtSemAgreementl
2004-30
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All policies required above are to be primary and non-contributing with any insurance or self-
insurance programs carried or administered by the CITY or other parties represented under this
Agreement.
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
Dated: // 2004
Dated: F_e S 2004
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By:
SM B/cj [BBro"PrfSm.Agrmmentl
ARIAS, LOCKWOOD & GRAY
CITY OF SAN BERNARDINO