HomeMy WebLinkAbout2004-257I
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RESOLUTION NO. 2004-257
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN WACY ARMSTRONG, JR. AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASE OF SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT v. OSCAR A. SANDOVAL, et al.
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 Wacy Armstrong,
Jr. 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 effective date of the resolution.
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2004-257
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN WACY ARMSTRONG, JR. AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASE OF SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT v. OSCAR A. SANDOVAL, et al.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting
thereof, held on the 16th day of August 2004, by the following vote, to
wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
CITY CLERK
The foregoing Resolution is hereby approved this Nll-f day of __ August
2004.
Approved as to form and
legal content:
By: e.
MES F. PENMAN
ity Attorney
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PROFESSIONAL SERVICES AGREEMENT
San Bernardino City Unified Schoo[ District v. 0scarA. Sandoval, et al.
San Bernardino Superior Court Case No. SCVSS 117009
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
WACY ARMSTRONG, JR. (hereinafter "ARMSTRONG") are the parties to this Agreement.
2. ARMSTRONG will be representing the CITY OF SAN BERNARDINO in this
litigation. ARMSTRONG 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. ARMSTRONG shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$4,000 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.
ARMSTRONG 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 ARMSTRONG shall not be entitled to reimbursement for mileage and parking fees.
7. ARMSTRONG shall obtain approval from the CITY to retain expert consultants
and other professionals (not including court reporters) for purposes of defending the litigation.
ARMSTRONG 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.
HI
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8. Status reports will be submitted to CITY through the City Attorney's Office
whenever any significant event occurs, and in any event at least quarterly. Information sufficient
to set reserves, including, without limitation, potential liability exposure and percentage of fault
shall be 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. Only WACY ARMSTRONG, JR. or other attorney approved by the CITY shall
try this case.
13. No client development costs are to be included in billings.
14. No continuing education expenses are to be included in billings.
15. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
16. Either party may terminate this contract at will. ARMSTRONG will continue to
represent the CITY on the terms and conditions in this Agreement until the case and file are
transferred to another attorney.
17. ARMSTRONG is an independent contractor as to the CITY.
18. ARMSTRONG 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 ARMSTRONG and all risks to such
persons under this Agreement. ARMSTRONG shall require its Workers
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Compensation carrier to waive all rights of 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.
i,^W•000••
c) Professional Liability Insurance with limits of at least $ L QQQs4W k
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."
ARMSTRONG 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 ARMSTRONG
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.
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.
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19. 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: (dU 2004 WACY ARMSTRONG, JR.
DATED: flat PLK , 2004
Approved as to form and
legal content:
By: L9'
Attorney
CITY OF SAN BERNARDINO
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