HomeMy WebLinkAbout1994-030
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RESOLUTION NO. 94-30
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
THOMAS & ELLIOTT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement for Legal Services between the CITY OF SAN BERNARDINO
and the law firm of THOMAS & ELLIOTT, 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 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referenced agreement is rescinded if the parties to the agreement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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94 30
Res. 94-30
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
THOMAS & ELLIOTT.
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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
regular
day of February
, 1994, by the following vote, to wit:
meeting thereof, held on the 7th
Council Members:
AYES
NAYS
ABSTAIN
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
~~~.
City lerk
The foregoing resolution is hereby approved this
20 of February
, 1994.
-;~'~)!I~
Tdm ~nor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
(--~. d( . .
By:~, ~."",(:.~-,,( lz:
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ABSENT
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,
. 94
30
LEGAL SERVICES AGREEMENT
Insurance Company of the State of Pennsylvania
v. City of San Bernardino, et a1
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of THOMAS & ELLIOTT (hereinafter "T&E") are the parties
to this Agreement.
2. T&E shall represent the CITY OF SAN BERNARDINO in the
li tigation entitled Insurance Company of the state of Pennsylvania
v. City of San Bernardino, et al., United States District Court
Case No. CV 94-0125 MRP (Ex).
3. T&E shall be paid at the hourly rates set forth below:
Attorneys - $200.00 per hour; and,
Law Clerks/Paralegals - $85.00 per hour.
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.
T&E 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 T&E shall not be
entitled to reimbursement for mileage and parking fees.
7. T&E shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. After such
approval from CITY is obtained, T&E may, if it chooses, pay the
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( 94 . 30'
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. 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 the case appears
to exceed $50,000, the City Attorney's Office shall be notified
immediately.
13. Only Stephen Thomas of THOMAS & ELLIOTT 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
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30
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. T&E
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. T&E is an independent contractor as to the CITY.
19. T&E 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 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 wi th limits
of at least $1,000,000 per claim.
T&E 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 T&E 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
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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:
~, 1994.
(J .
&
THOMAS & ELLIOTT
By:
CITY OF SAN BERNARDINO
ATTEST:
B~~?~
. om nor, Mayor of the
City of San Bernardino
C~~
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Approved as to Form
and Legal Content:
By1?~
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