HomeMy WebLinkAbout1995-264
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RESOLUTION NO. 95-264
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
FARR & TARANTO
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
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement for Legal Services between the CITY OF SAN BERNARDINO
9 and the law firm of FARR & TARANTO, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
FARR & TARANTO
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at an adjourned regulameeting thereof, held on the 24th
day of July 1995, by the following vote, to wit:
,
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
-- --
OBERHELMAN x
-- -----
DEVLIN x
---
POPE-LUDLAM x
MILLER x
The foregoing resolution
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Ci Clerk
is hereby approved this ,;17 Ii
day
of
, 1995.
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T6m Minor, yor
City of San Bernardino
Julv
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY:~~
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95-264
. J '/ -J A
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PROFESSIONAL SERVICES AGREEMENT
Stubblefield v. City of San Bernardino
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of FARR & TARANTO (hereinafter "F&T") are parties to this
Agreement.
2. F&T shall represent the following entities in the
above-referenced litigation:
CITY OF SAN BERNARDINO.
3. F&T shall be paid at the hourly rate( s) set forth
below:
Partners - $295.00 per hour
Paralegals - $65.00 per hour
4. Bills shall be submitted at least quarterly.
5. The actual cost for producing copies of briefs, filing
fees, telephone charges, photocopying, postage, lodging, mileage
and related travel costs shall be itemized when submitted to the
CITY for reimbursement.
F&T may include a single charge in an
amount not to exceed four percent (4%) of fees in lieu of
reimbursement for office photocopying, telephone charges, and
postage. If attorney's fees are charged "portal to portal" (e.g.,
from office to court and return), then F&T shall not be entitled
to reimbursement for mileage and parking fees.
6. No fee in excess of $10,000 shall be paid pursuant to
this agreement without City approval. Should such approval not be
given, Ci ty acknowledges that F&T is entitled to withdraw its
services and in that event the City, through the Mayor, shall
immediately execute an appropriate document for filing with the
court relieving F&T of its responsibilities as attorneys of
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record.
7. F&T shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. F&T 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.
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. No client development costs are to be inCluded in
billings.
12. No continuing education expenses are to be included in
billings.
13. Final billing shall be accompanied by copies of the
Request for Dismissal, Satisfaction of Judgment, Release and any
other final documents.
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14. Either party may terminate this contract at will. F&T
will continue to represent the CITY on the terms and conditions in
this Agreement until the case and file are transferred to another
attorney.
15. F&T is an independent contractor as to the CITY.
16. F&T shall maintain the following types of insurance
with limits as shown:
a) Workers Compensation as required by the laws
of its place of business.
b) Comprehensive General Liability Insurance
coverage. 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.
Upon request, F&T shall furnish or cause to be
furnished certificates of insurance evidencing the insurance
coverage above required, 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 F&T commences performance of
services hereunder until the completion of such services. 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.
III
III
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17. 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, Room 668
San Bernardino, CA 92418
August ~, 1995.
DATED:
FARR & TARANTO
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August ~, 1995.
CITY OF SAN BERNARDINO
DATED:
--/1->>11 ) l!M1t0-.
By': Tom Minor, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
ATTEST:
JAMES F. PENMAN
City Attorney
f:) (()'.of
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Ra2hel Clark, City Clerk
By:
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